Seeking Asylum Under Trump 2.0: What Applicants Need to Know
In 1939, the MS St. Louis, a German ship filled with Jewish people seeking refuge in the United States, was turned away from the port of Miami. The ship returned to Europe where more than a quarter of its passengers were killed in the Holocaust.
This denial of safe refuge to those being persecuted in their home country remains a stain on our nation’s character. Following World War II, U.S. immigration law was slowly changed to allow persecuted individuals to seek asylum in the United States.
Earlier this month, our clients Mark and Marina were the benefactors of this system, as they were granted asylum in the U.S. due to the risk of harm they faced in their native Russia on account of their religious beliefs. We were thrilled to secure a win for them, particularly in a legal and political environment hostile to immigrants.
This raises the question: what does the asylum process look like today in the wake of Trump’s immigration crackdown? The good news is, as Mark and Marina’s story illustrates, if you have a well-founded fear of persecution in your home country, it is still possible to secure asylum in the U.S.
Can You Still Seek Asylum Under Trump?
But we will not sugarcoat the truth: this Administration has made what was already a complex, challenging, and time-sensitive process much more difficult. Let us walk you through the asylum process and explain the barriers that this Administration has put in the way of asylum seekers.
Who Qualifies for Asylum in the United States?
Section 208 of the Immigration and Nationality Act permits those fleeing persecution based on their race, religion, nationality, social group membership, or political opinions to seek asylum in the United States.
Applicants must be physically present in the United States to apply. They can apply for asylum affirmatively or defensively against deportation in removal proceedings.
Why an Asylum Application May Be Denied
Not all asylum claims are approved, however. Asylum seekers must go through a complex legal process and their claim can be denied if, for example, they miss deadlines, applied for asylum in another country, or have committed a serious crime.
New Barriers to Seeking Asylum Under Trump
Since President Trump was inaugurated for his second term, his Administration has imposed additional hurdles to a successful asylum claim by:
- Restrictions on Seeking Asylum at the Southern Border
Suspending the right to seek asylum at the Southern border – Because a person must be present in the United States to seek asylum, a typical route for a would-be asylum seeker long involved showing up to a port of entry along the U.S.-Mexico border and requesting asylum. One of Trump’s first moves after being inaugurated was to restrict this practice, a policy upheld by the Supreme Court last month.
- Immigration Judges Fired After Granting Asylum
Firing judges who grant asylum – According to press reports, more than 100 immigration judges, including our own Emmett Soper, have been terminated since the beginning of Trump’s second term. We know many of these judges and have found them to be jurists that fairly evaluate the evidence and grant asylum to individuals who qualify under the law. The Administration, however, has labeled them “activist judges.”
- New Immigration Judges Trained to Deny Asylum Claims
Training new judges to deny asylum claims – The Administration is seeking to hire new judges, making their preferences clear by advertising the positions as “deportation” judges and instructing the jurists in training sessions to grant asylum only in “rare circumstances.”
Asylum Approval Rates Have Fallen, but Relief Remains Possible
The result of all of these changes is that the percentage of asylum seekers being granted asylum has plunged from a rate above 40 percent during the Obama and Biden Administrations to a current rate of 7 percent.
It is important to remember, however, that 7 percent is not zero. Mark and Marina are a powerful reminder that it is difficult—but not impossible—to secure asylum in the U.S.
It is vital, however, to have an experienced advocate by your side if you are navigating the asylum process. Please contact us today if you would like a consultation about an asylum application.