Alarming Changes to U.S. Asylum and Refugee Policies Under the Trump Administration

A recent report from the American Immigration Lawyers Association (AILA) warns that the Trump Administration has implemented sweeping immigration policies that dramatically restrict access to asylum and refugee protection in the United States.

According to AILA, these measures violate federal law, undermine due process, and place thousands of people fleeing persecution at grave risk. The policies also create bureaucratic inefficiencies that worsen the already significant backlog of asylum cases.

Policy Changes Affecting Asylum Seekers

Since early this year, an executive order has restricted asylum applications at the southern border. The Administration cited national security and border management concerns in temporarily suspending the ability to request asylum at ports of entry.

AILA notes that this order relies on a section of the Immigration and Nationality Act (§212(f)) granting the executive branch authority to suspend entry of certain individuals, though courts have previously ruled that this authority cannot override existing asylum laws. Despite a reported decrease in border crossings, the suspension remains in effect.

“Third Country Removals” and International Transfers

The report also discusses the growing use of “third country removals,” in which individuals are deported to countries other than their own. AILA raises concerns that some deportees have been sent to locations where their safety could not be guaranteed. In certain instances, individuals were later transferred again to their home countries.

These cases have prompted ongoing legal debate about the balance between national security, international cooperation, and the protection of human rights under U.S. and international law.

Refugee Resettlement Levels

According to AILA, the number of refugees approved for resettlement in the United States has decreased significantly compared to prior years. The Administration did not set a new refugee ceiling by the usual congressional deadline, temporarily pausing new refugee admissions. Reports indicate that the upcoming ceiling may be the lowest in recent decades.

Legal Standards for Certain Asylum Claims

Recent decisions by the Attorney General and the Board of Immigration Appeals have narrowed eligibility for certain asylum claims, including those based on domestic or gang-related violence. Supporters of the change view it as a clarification of existing law, while others express concern that it limits protection for people fleeing dangerous situations.

Procedural Changes in the Asylum Process

According to AILA members, asylum applications are increasingly being dismissed for minor clerical errors or omissions, without any review of the merits. Judges are also being instructed to move forward with hearings before asylum seekers can find attorneys, even though courts have repeatedly held that this violates due process.

Even more concerning, reports indicate that Department of Homeland Security attorneys have been told to seek dismissals in all cases involving Spanish-speaking nationals from Central and South America (except Venezuelans and Cubans), raising serious fairness and discrimination concerns.

A Better Way Forward

As AILA emphasizes, the U.S. can enforce immigration laws while remaining true to its humanitarian values. Real solutions include:

• Hiring and training more asylum officers to process cases efficiently

• Ensuring access to legal representation for asylum seekers

• Coordinating across agencies to reduce backlogs

• Expanding lawful pathways to apply for asylum or refugee status abroad

These reforms would help create a safe, orderly, and humane asylum system that upholds the law while protecting people fleeing persecution.

Stay Informed

Immigration policies can change quickly, often with wide-ranging effects on families and communities across the country. At Tran Flores Law, we are committed to keeping immigrants informed about important developments that may impact their future in the United States.

Follow Tran Flores Law for reliable immigration news and policy updates.