05 Mar Changes in Asylum law under Trump Administration
Under the Trump administration, as of March 2026, asylum rules have undergone significant changes characterized by processing pauses, entry restrictions, and new financial requirements.
Current Asylum Processing Holds
- Adjudication Pause: USCIS has placed an indefinite “adjudicative hold” on all pending affirmative asylum applications (Form I-589), regardless of the applicant’s country of origin.
- Continued Interviews: While final decisions are paused, USCIS continues to accept new applications and may still conduct interviews or vetting.
- Defensive Asylum: Immigration judges can still grant “defensive” asylum to individuals in removal proceedings, though many cases are being dismissed early to deport seekers to “safe third countries” like Guatemala or Ecuador.
New Entry Restrictions & Programs
- Southern Border Suspension: A January 2025 proclamation suspended asylum claims at the southern border, declaring the migrant flow an “invasion”.
- Remain in Mexico (MPP): Reinstated policy requiring asylum seekers to wait in Mexico while their U.S. court cases are adjudicated.
- CBP One Discontinued: The mobile application previously used to schedule asylum appointments at ports of entry was terminated on January 20, 2025.
- Public Health Security Bar: Effective December 31, 2025, a new rule allows officials to deny asylum if an applicant’s entry poses a “serious danger to public health,” citing communicable diseases.
- Expanded Travel Ban: As of January 1, 2026, nationals from 39 countries face severe entry restrictions that impact asylum and refugee processing.
Work Permits & Fees
- Shortened Validity: The maximum validity for asylum-based Employment Authorization Documents (EADs) was reduced from 5 years to 18 months.
- Filing Fees: A non-waivable $100 fee is now required to file an asylum application.
- Annual Maintenance Fee: Applicants with cases pending for over one year must pay a $102 annual fee to prevent their application from being dismissed.
- Work Permit Costs: Initial work permit applications for asylum seekers now cost $560, and renewals cost up to $795.
Refugee Program Changes
- Record Low Cap: The refugee admission ceiling for fiscal year 2026 was set at 7,500, the lowest in U.S. history.
Note:This is not a legal advice.
IMPORTANT ANNOUNCEMENT
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.