Constitutional Opinion No. 2026-0928
Case Information
- Content Scored
- Affirmative Asylum Referrals Without Interview (DHS/USCIS Interim Final Rule, RIN 1615-AD18)
- Source
- Federal Register / U.S. Department of Homeland Security, USCIS (RIN 1615-AD18)
- Author
- U.S. Citizenship and Immigration Services (USCIS)
- Publication Date
- July 28, 2026
- Content Type
- Legal / Normative Text
- Opinion Issued
- 2026-07-29
- AFCS Version
- 1.0
Holding
An interim final rule permitting referral of certain affirmative asylum applications to the immigration courts without an interview advances border enforcement and public safety under Articles VI and XVIII. Because it also removes the individualized credibility assessment, Article III equal-and-fair-application concerns temper the result to a Mostly America First disposition. Default 70/30 weighting applied because the rule advances factual caseload-and-backlog justifications that are themselves assessed, rather than pure normative text.
It is the judgment of this Court that Opinion No. 2026-0928 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.