Does the USCIS asylum halt apply to both affirmative and defensive cases?

U.S. Citizenship and Immigration Services has quietly ordered a nationwide halt to decisions in affirmative asylum cases, a late November 2025 directive that has immediate consequences for thousands of people who applied for protection directly with the agency. The internal guidance, confirmed by USCIS Director Joe Edlow, tells asylum officers to keep working on files but to stop short of issuing any final decision, creating a sharp split between Affirmative Asylum handled by USCIS and Defensive Asylum heard in immigration court.

What the directive requires

The guidance instructs asylum officers that they may continue interviews, evidence review, and other routine steps in pending affirmative files, but they must “pause all decisions” and not approve, deny, or otherwise close any case. Edlow’s written instruction is blunt: “Do not enter any decision information for affirmative cases.”

The halt is described as:

• Indefinite — the order is open‑ended with no end date.
• Nationwide — it applies across all USCIS asylum offices.
• Nationality‑neutral — it applies to applicants of all nationalities.

Officers can prepare and process files but cannot record or issue final outcomes for affirmative asylum applicants.

How this splits the asylum system

The stop does not extend to Defensive Asylum. Defensive cases are handled by immigration judges at the Executive Office for Immigration Review (EOIR), part of the Department of Justice, not USCIS.

• Affirmative Asylum: filed directly with USCIS by people not yet in removal proceedings.
• Defensive Asylum: raised in response to deportation charges before an immigration judge.

Because EOIR and immigration judges remain unaffected by this USCIS directive, immigration courts will continue hearings and issue decisions as they always have.

Practical consequence (example)

Two people with nearly identical stories could face very different outcomes depending on where their cases sit:

1. A person who filed an affirmative application with USCIS, completed fingerprints, submitted evidence, and had an interview: may leave without any timeline for a decision.
2. A person who applied for defensive asylum in immigration court: might receive a grant or denial on the same facts, since immigration courts are not part of the halt.

What officers can and cannot do

Officers are still allowed to:

• Schedule and conduct interviews
• Review submitted documents and evidence
• Prepare files and requests for additional information

Officers must not:

• Approve, deny, or otherwise close affirmative asylum cases
• Enter any final decision information into the system

Because final decisions are not being recorded, applicants will also not receive the written explanations that normally help lawyers advise clients about appeals, supplemental evidence, or alternative relief options.

Key takeaway: Interviews and file preparation may proceed, but decisions will not be issued for affirmative asylum cases — and there is no stated timeline for when that will change.

Impact on applicants and families

The directive’s nationwide reach raises significant practical and emotional stakes:

• Many asylum seekers rely on a pending asylum status to obtain or maintain work authorization, rent housing, and keep children enrolled in school.
• A decision—approved or denied—at least provides a clear next step. Freezing outcomes in Affirmative Asylum lengthens uncertainty for families and individuals.
• Some applicants who have been waiting for months or years and who hoped an interview would bring clarity now face additional, indefinite delays.

What this means for legal strategy

Applicants and their attorneys must adjust expectations for any case filed affirmatively with USCIS:

• Well‑prepared cases that seemed close to approval are now subject to the same pause.
• Officers may continue to review files, but that review will not lead to a recorded answer for the time being.
• Some applicants may eventually be placed into removal proceedings, where they could raise Defensive Asylum before an immigration judge who is not bound by the USCIS freeze.

Official information and further reading

More formal information about asylum procedures remains available on the official USCIS asylum page, and the agency’s internal directive described by Director Edlow sets day‑to‑day practice until further notice.

According to coverage and analysis (including by VisaVerge.com), the explicit distinction between Affirmative Asylum under USCIS and Defensive Asylum in immigration court means only one side of the system is currently frozen.

For applicants and advocates, details on existing asylum categories are posted on the official USCIS asylum page: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum.

Quick comparison: Affirmative vs Defensive Asylum

If you or someone you represent is affected, monitor official USCIS communications and consult with an immigration attorney about possible next steps or timing for removal proceedings.