Understanding the U.S. Asylum Process Amid Evolving Policies

Key Takeaways

• As of January 20, 2025, new U.S. asylum policies include the reinstated “Remain in Mexico” policy and expanded expedited removals.
• Filing Form I-589 (free) within one year of U.S. arrival is essential for all asylum seekers unless exceptions apply.
• Nearly 50% of 2023 U.S. asylum approvals came from applicants from Afghanistan, Venezuela, China, and El Salvador.

The U.S. asylum process offers a pathway for people fleeing serious threats in their home countries to seek safety. To apply for asylum, individuals must already be in the United States 🇺🇸 or at one of its ports of entry. This system has gone through several changes, including new policies as of January 20, 2025, which have altered how asylum seekers can apply and proceed with their claims.

There are three main ways to seek asylum in the United States: the affirmative process, the defensive process, and the asylum merits interview, which follows a credible fear interview. Each route is designed for different situations.

Understanding the U.S. Asylum Process Amid Evolving Policies

The affirmative asylum process is available to individuals in the U.S. who hold a legal status, such as a temporary visa, and are not involved in removal (deportation) proceedings. To apply through this route, they must file Form I-589, also known as the Application for Asylum and Withholding of Removal. This form must be submitted to U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival unless special circumstances apply. In 2023, about 41% of U.S. asylum approvals came through this process, showing its importance. However, applicants who are denied in this process are referred to immigration court, which becomes a defensive case.

The defensive process is specific to people who are in removal proceedings. For example, this applies to individuals apprehended by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) or those referred after being denied through the affirmative process. In defensive cases, immigration judges assess claims during court hearings, taking into account both the asylum seeker’s case and the government’s arguments.

Another key step for asylum seekers happens during a credible fear interview. This applies to people apprehended at a port of entry or within the U.S. who claim they fear returning to their home countries. The credible fear interview is a screening process to assess whether the individual’s fear of persecution is valid. If they pass this interview, they may attend an asylum merits interview to pursue their case further.

Filing for asylum begins with completing Form I-589, which is free to submit. Applicants must provide thorough details about their experiences, including why they cannot return to their home country. Supporting evidence is key. Submissions may include personal written statements, news articles, country condition reports, medical records, and testimony from witnesses to help prove their claim.

After submission, the process moves into several stages. First, USCIS schedules a biometrics appointment where applicants undergo fingerprinting and background checks. This appointment is followed by the asylum interview, where an asylum officer reviews the applicant’s claim. The officer asks specific questions to confirm the individual’s fear of returning home, the reasons behind their persecution, and the identity of those responsible for their harm. Applicants can have interpreters and legal representatives present during the interview, though their lawyer cannot answer any questions on their behalf.

After the asylum interview, USCIS can decide in one of three ways: grant asylum, refer the case to immigration court (if the seeker does not have lawful status), or deny the claim. If referred to court, the individual enters the defensive process, which typically takes a long time to resolve. As of 2019, defensive asylum cases were averaging close to two years for a final decision.

To be approved for asylum, applicants must demonstrate a “well-founded fear” of persecution due to specific factors. These factors include race, religion, nationality, political opinion, or belonging to a particular social group. Applicants must gather enough evidence to prove their claims, as the responsibility to show proof lies entirely with them. Importantly, asylum seekers do not have a right to free legal counsel paid for by the government, making access to legal representation an important, yet challenging, part of the process.

Recent changes in federal policies have made it harder for many to qualify for asylum. For example, the reinstated “Remain in Mexico” policy forces asylum seekers to stay in Mexico 🇲🇽 while awaiting their case outcomes. Additionally, U.S. Customs and Border Protection (CBP) agents now have the authority to immediately expel many individuals back to Mexico without starting removal proceedings, effectively closing off their chance to request asylum. Policies like these have placed new barriers in front of hopeful asylum seekers and impacted their ability to access the system.

Moreover, expanded expedited removal procedures mean that individuals who do not pass the initial credible fear interview may be deported quickly. This prevents many from continuing their cases and limits their ability to receive a fair hearing. These measures emphasize the importance of passing the credible fear interview, a key step in determining eligibility for further asylum consideration.

While receiving asylum offers important protections, it also brings additional benefits to those granted asylee status. For example, asylees can work legally in the United States and avoid being deported to the countries they fled. They may also apply for permanent residence (a green card) and eventually U.S. citizenship. Furthermore, through the Office of Refugee Resettlement, they can access key support services, like English language classes, job training, medical assistance, and more—all of which help them rebuild their lives. These services are often available for up to one year after being granted asylum.

U.S. asylum policies remain a subject of ongoing legal disputes and challenges. For instance, the January 2025 executive order suspending the U.S. Refugee Admissions Program (USRAP) has sparked debates about its impact on the overall system for seeking protection. While aimed primarily at refugees, the suspension has placed indirect pressure on the asylum process by reducing alternative forms of international protection. Exceptions, such as refugee admissions for white South African Afrikaners, have drawn further scrutiny.

Lawsuits like Pacito v. Trump highlight legal questions regarding this executive order. Challenging the order under multiple legal arguments, the plaintiffs allege it violates established principles like the Refugee Act and the Fifth Amendment’s Due Process Clause. These cases could shape future policies regarding asylum seekers and refugees for years to come.

In terms of who benefits from asylum, data from fiscal year 2023 shows that immigrants from Afghanistan 🇦🇫, Venezuela 🇻🇪, China 🇨🇳, and El Salvador 🇸🇻 made up nearly 50% of all asylum approvals. Over the last ten years, most asylum applications have come from Latin America 🌎, driven largely by violence, poverty, and unstable governments. As a result, states with large immigrant populations—California, New York, and Florida—host the greatest number of asylees.

In the U.S., male asylum seekers between the ages of 25 and 44 represent about half of all recipients, while nearly 20% of asylees are children under 18. These demographic trends highlight the critical role this process plays in providing safety to individuals and families facing serious risks.

The U.S. asylum process is challenging and continues to evolve under shifting policy landscapes. Recent rules have increased hurdles for asylum seekers, particularly with expedited removal processes and restricted access to ports of entry. These barriers have complicated what was already a demanding system. Nonetheless, for many, the asylum system provides a vital pathway to safety and a new beginning.

Legal assistance is vital for anyone navigating this system. For official guidance on Form I-589, visit the USCIS page here. For additional resources and updates on the asylum process, websites like VisaVerge.com are reliable sources, offering overviews on recent policies and their effects. By staying informed and seeking legal counsel, asylum seekers can better understand how to present their cases as they search for safety in the U.S.

Learn Today

Affirmative Asylum Process → A process where individuals with legal status in the U.S. apply for asylum without being in removal proceedings.
Defensive Asylum Process → A process for individuals facing removal proceedings, where an immigration judge evaluates their asylum claims in court.
Credible Fear Interview → A screening process to determine if an individual’s fear of persecution is valid for further asylum consideration.
Form I-589 → The application form for asylum and withholding of removal required to start the asylum process in the United States.
Expedited Removal → A process allowing swift deportation of certain individuals without a full court hearing if initial screening is not passed.

This Article in a Nutshell

The U.S. asylum process offers hope to those fleeing persecution, yet recent rule changes, like expedited removals, have heightened challenges. Success depends on proving a credible fear and filing Form I-589 accurately. Legal help is crucial, as barriers persist. For many, asylum remains a lifeline to safety and a new future.
— By VisaVerge.com