Immigration attorney Liudmila Marcelo recently highlighted an important shift in the scheduling of individual asylum court dates. Many judges are now setting hearings for September, October, and November of 2026, a significant acceleration compared to prior schedules that extended into 2029.
This change means that numerous asylum seekers might face their final court hearings far sooner than initially anticipated.
Impact of New Immigration Judges
During an interview with CiberCuba, hosted by Tania Costa, Marcelo elaborated on this development based on her firsthand experience at a preliminary hearing. "Yesterday, I was at a master calendar hearing and observed that the judge was setting final hearings for September 2026," Marcelo noted.
This shift is attributed to the large-scale appointment of new immigration judges by the Executive Office for Immigration Review (EOIR) announced in May 2026. A total of 77 new judges and five temporary ones have been added, marking the largest class in history.
Many of these judges are specifically tasked with handling master calendar hearings—preliminary sessions—before transferring cases to other judges for final decisions.
Varied Judicial Approaches
However, Marcelo clarified that not all courts are adopting this new approach. "Some judges are still following their original schedule, either because they haven't had a new judge assigned to work with them or they haven't been instructed to pass cases to a new judge, so they continue scheduling for 2029," she explained.
Asylum Fee Payment Guidance
Marcelo also addressed common concerns about paying the asylum court fee. She emphasized that applicants should not make this payment on their own initiative: "You must receive an order from the judge instructing you to pay the fee. The judge is the one who will send you that order."
Nevertheless, she advised paying the annual fee if more than a year has passed since the last payment: "If you paid in August 2025, then make sure to pay again in July 2026."
Calm Atmosphere in Miami Courts
Marcelo described the environment at the Miramar offices and Miami courts as calm: "Everything is peaceful. And the same goes for the courts. So, stay calm."
New USCIS Rule Alters Asylum Case Process
This situation coincides with a new interim rule from USCIS that took effect on July 28, 2026, enabling the direct transfer of affirmative asylum cases to immigration court without an initial interview with an asylum officer.
This measure could impact up to 444,000 out of approximately 1.4 million pending applications. Marcelo criticized the rule as contrary to immigration law passed by Congress, as it removes the legal distinction between affirmative and defensive asylum cases.
In response to a question about potential changes in immigration policy should Republicans lose control of the House and Senate, Marcelo was cautious: "It's not something that can be seen quickly now, but there might be a shift towards improvement in 2028 or early 2029. That's why I urge people to appeal, to hold on."
The deadline for public comments on the new USCIS rule is September 28, 2026, according to the American Immigration Lawyers Association (AILA), which has also warned of potential legal challenges against the measure.
Frequently Asked Questions About Upcoming Asylum Hearings
Why are asylum hearings being scheduled earlier than before?
The hearings are being moved up due to the appointment of a significant number of new immigration judges, which has allowed for an accelerated schedule.
What should asylum applicants do if they haven't received a fee payment order from the judge?
Applicants should wait for an official order from the judge instructing them to pay the fee. It is important not to pay the fee voluntarily without this order.
How does the new USCIS rule affect asylum seekers?
The rule allows for the direct referral of affirmative asylum cases to immigration court without an initial interview, which could impact a large number of pending applications.