Withholding of Removal: Can You Still Apply If USCIS Halts Asylum?

The Trump administration’s November 28, 2025 announcement halting all asylum decisions by U.S. Citizenship and Immigration Services (USCIS) has left many people asking whether other forms of protection are also frozen. One of the most urgent questions from people already in deportation proceedings is whether they can still seek Withholding of Removal. The answer is yes: the USCIS pause on asylum decisions does not stop immigration judges from hearing and granting requests for withholding.

This difference matters for people facing deportation who fear returning to their home countries. While asylum and withholding are related, they run under different rules, follow different legal standards, and are handled by different parts of the U.S. immigration system. The current halt applies only to affirmative asylum cases at USCIS, not to what happens inside immigration court.

What is Withholding of Removal?

Withholding of Removal comes from 8 U.S.C. § 1231(b)(3). It prevents the United States government from deporting someone to a country where their life or freedom would be threatened because of their:

• race
• religion
• nationality
• political opinion
• membership in a particular social group

In practice, if an immigration judge grants withholding, the Department of Homeland Security (DHS) may not send that person back to the country where they face danger. However, this status is much more limited than asylum.

Key legal differences from asylum

• Does not lead to a green card: There is no path from withholding of removal to lawful permanent residence based solely on that status. You remain under long‑term temporary protection.
• No derivative benefits: There are no derivative benefits for family members. Your spouse, children, or parents cannot automatically gain protection; each person must qualify individually.
• Revocable if country conditions change: If danger in your home country decreases, DHS may seek to end your protection.
• Deportation to a safe third country remains possible: The U.S. only promises not to deport you to the country of feared harm; DHS can attempt to remove you to another country that will accept you if it’s considered safe.

According to analysis by VisaVerge.com, people often confuse asylum with withholding because both forms use the same application in court and may be presented together at trial. But the long‑term outcomes are very different, especially regarding residency and family unity.

Higher legal standard: “reasonable fear” vs. “credible fear”

One of the defining features of Withholding of Removal is its higher legal standard.

• For asylum, initial screenings at the border or early interviews often use a “credible fear” test, a lower bar intended to identify potential asylum claims.
• Withholding applies a stricter standard, commonly referred to as “reasonable fear”, which courts interpret as more likely than not (greater than 50% chance) that you would be persecuted if returned for one of the protected reasons.

This higher bar makes withholding harder to win than asylum, but it still provides vital protection for people who:

• Missed the one‑year asylum filing deadline
• Have certain criminal records or legal bars to asylum
• Face clear risk but cannot meet specific procedural or technical asylum rules

In immigration court, an applicant can seek both asylum and withholding. A judge may deny asylum for legal reasons yet still grant withholding if the more‑than‑50% harm standard is met.

Who decides withholding and how the process works

A crucial point in the current policy environment is who decides these cases. Withholding of Removal is decided only by immigration judges within the Department of Justice’s Executive Office for Immigration Review (EOIR). USCIS asylum officers do not decide withholding.

• In most cases, people request withholding during removal (deportation) proceedings by filing Form I‑589, Application for Asylum and for Withholding of Removal. The form and instructions are available on the USCIS site: Form I-589, Application for Asylum and for Withholding of Removal. Although USCIS hosts the form, the decision in court belongs to the immigration judge.
• The Department of Justice’s EOIR provides official information on immigration courts and case types, including withholding‑only cases, at EOIR’s official page.

Key process points

• Removal proceedings required: You cannot apply for withholding as a stand‑alone USCIS case. You must be in deportation proceedings or in withholding‑only proceedings.
• Withholding‑only proceedings: Some people (e.g., those with prior removal orders that DHS is trying to reinstate) are placed into special proceedings where asylum is not available, but withholding and protection under the Convention Against Torture (CAT) remain possible.
• Mandatory detention: People in withholding‑only proceedings are typically subject to mandatory detention by Immigration and Customs Enforcement (ICE) and are usually not eligible for bond from the immigration judge.
• Court‑based decisions: The immigration judge will hold hearings, receive evidence, and hear testimony. DHS attorneys may challenge the claim. The judge then issues a written or oral decision.

Why the USCIS asylum halt does not block withholding

The November 28, 2025 announcement targets USCIS asylum adjudications, mainly affirmative asylum cases where a person not in court submits an I‑589 to USCIS and attends an interview with an asylum officer.

By contrast:

• Withholding of Removal is not an affirmative USCIS benefit.
• Immigration judges, not USCIS officers, make withholding decisions.
• Court proceedings continue unless EOIR itself issues a separate order or policy.

As a result:

• If you are in removal proceedings, you can still apply for withholding of removal in immigration court. Your attorney (or you, if unrepresented) can present your claim during hearings.
• If you are in withholding‑only proceedings, your case can move forward. The USCIS asylum pause does not freeze these court‑based requests.
• If you only have an affirmative asylum case with USCIS and are not in court, your asylum decision may be paused. You generally do not have a path to request withholding directly unless DHS refers your case to immigration court.

VisaVerge.com reports that many people are mixing up the USCIS asylum halt with a full stop of all protection claims. That is not accurate. The halt is significant and may delay thousands of asylum decisions, but it does not remove the power of immigration judges to grant withholding for people already in deportation proceedings.

Important takeaway: The USCIS pause applies to affirmative asylum adjudications at USCIS — not to withholding claims decided by immigration judges in removal proceedings.

Work permits, family limits, and daily life under withholding

For people living in the United States with an open deportation order, the practical effects of withholding matter as much as the legal rules.

Potential benefits

• Eligibility for a work permit: People granted withholding may qualify for an Employment Authorization Document (EAD) and work lawfully in the United States. They usually must file a separate EAD application and renew it periodically.
• Protection from return to danger: DHS may not deport the person to the country where they face persecution, as long as the grant remains in effect.

Major limitations

• No clear path to permanent status: Withholding does not offer a guaranteed route to lawful permanent residence or citizenship based solely on that status.
• No automatic status for relatives: Family members must defend their own claims; outcomes can split families.
• Risk of termination if conditions improve: If the U.S. concludes danger in the home country has lessened, it can seek to revoke protection.
• Possible deportation to another safe country: DHS may attempt removal to a third country willing to accept the person.

The reality of mandatory detention in many withholding‑only cases adds a severe hardship. People can spend months — sometimes much longer — in ICE facilities while their claims proceed. For many, the choice is stark: detention in the United States or danger back home.

Practical steps for people in or facing removal proceedings

For those deciding next steps in light of the USCIS asylum halt, consider these practical points:

1. Check your case type
   • If your I‑589 is only with USCIS and you have never been to immigration court, you may be affected by the USCIS pause.
   • If you already have a case before an immigration judge, your right to request withholding remains.
2. Ask about all forms of protection
   • In court, many people seek asylum, Withholding of Removal, and CAT protection together. Even if asylum is barred, withholding or CAT may still be available.
3. Follow official updates
   • Policy can change quickly. Monitor the USCIS asylum page: USCIS Asylum, and EOIR public guidance for scheduling and rule changes.
4. Seek legal help when possible
   • Because withholding uses a higher “more likely than not” standard and has no family add‑ons, small details often decide cases. Many local legal aid groups, bar associations, and non‑profits provide free or low‑cost assistance.

As the asylum pause at USCIS continues, immigration courts remain one of the primary venues for people at risk to seek protection. For those already in the deportation system, Withholding of Removal continues to be a narrow but vital option — offering a reasonable‑fear standard and the potential for a work permit, while also carrying significant long‑term limits and uncertainty.