The new asylum rule has made significant changes to one of the two pathways to asylum in the United States. Most significantly, the new rule establishes a positive credible fear determination as the application for asylum, a new asylum merits interview conducted by an asylum officer (AO), and the use of a status conference in a streamlined immigration court hearing. While the rule itself has necessary changes to make the asylum process more efficient in general, civil society has raised concerns about the potential downsides of an expedited process. Additionally, the current climate in which the rule is scheduled to take effect cannot be overlooked. The right to asylum is currently under attack as evidenced by the delay in ending the use of Title 42 and the prevalence of the so-called Migrant Protection Protocols, which both limit access to asylum and place migrants in danger. The most efficient policy can be made, but if individuals are prevented from accessing it, the policy will not work.

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