The U.S. government made claiming asylum increasingly difficult over the past eighteen months. According to NPR, these changes complicate an already stressed system with more than one million pending cases.
Impacts on USCIS
In its newest change, U.S. Citizenship and Immigration Services (USCIS) now refer certain asylum applications to immigration judges without an interview. The rule took effect immediately in late July, even as the agency continues collecting public comments, and it’s aimed at cutting the roughly one-million-case USCIS backlog by about 30%. According to data analyzed by the group Mobile Pathways, asylum approval rates in immigration courts have fallen to their lowest point in at least two decades. This coincides with mounting pressure to reduce the asylum backlog and, per NPR’s reporting, the removal of more than 170 immigration judges under the administration.
Impacts on Other Agencies
Additionally, appeals to the Board of Immigration Appeals (BIA) became more consequential. The board, now made up almost entirely of Trump appointees, has issued a record number of precedent-setting decisions on asylum, with roughly a third of them narrowing or reinterpreting who qualifies. Some encourage third-country removals, while others add scrutiny to claims involving violence and persecution.
Separately, the Department of Homeland Security (DHS) proposed extending the waiting period before asylum applicants can apply for a work permit, from five months to one year, while also pausing processing of new work permits until USCIS reduces its backlog. That combination pushes many asylum seekers to look at alternative paths to legal status, including other forms of temporary work authorization or Temporary Protected Status. Advocates warn the rule, if finalized, could put nearly two million people already in the workforce at risk of losing their ability to work legally.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.