Donald Trump arrived in office with a pledge to deport “millions” of criminal non-citizens. Even at the time he made these claims, the President’s plans seemed unrealistic. But now that he is in office, and rhetoric must contend with reality, it appears that the new Administration is falling short of its goals–at least for the time being.
The agency with primary responsibility for detaining and deporting people in the interior of the U.S. is ICE, Immigration and Customs Enforcement. Apparently, the Trump Administration has been pressuring ICE to ramp up its numbers. However, with limited resources, detention capacity, and personnel, the agency is struggling. Word on the street is that the Administration is not pleased with how things are progressing.
In the last week or so, ICE stopped issuing daily arrest figures, as they were apparently not large enough to satisfy their boss, and two top ICE officials were demoted because they failed to increase arrests and deportations quickly enough and because some non-citizen detainees were released for lack of bed space. Also, in an effort to meet expectations, time-off for some ICE officers has been cancelled, and in certain locations, officers are working six or even seven days per week. As the saying goes, the beatings will continue until morale improves.
One big problem for ICE is money. Tom Homan–President Trump’s “border czar”–has been urging Congress to “provide additional funding,” but for now, “ICE is largely stuck trying to meet the president’s ambitions without significant new resources or capacity.” Indeed, in one meeting with members of Congress, Mr. Homan reportedly said, “I am begging you for money.” Another Trump Administration official informed lawmakers that “ICE is running out of money.”
To get more money, ICE needs help from Congress. That may not be an easy ask, as Congress is more divided than ever in the wake of so much executive overreach by the President, and many lawmakers will be unlikely to authorize additional funds. The President himself could try to move money around to help fund ICE, but there are significant legal limits to this approach. And thus far, federal courts have shown themselves willing to block Mr. Trump’s most egregious efforts to expand his power.
Even if ICE can get more money, it will take time to onboard additional agents and increase bed space. The process of hiring and training a new ICE agent takes about a year, and so expanding the agency’s work force cannot be done overnight. It also takes time to obtain additional detention space and hire prison staff.
Despite the obstacles, ICE has been ramping up operations. ICE’s goal is to arrest between 1,200 and 1,500 people per day. Whether they are achieving those numbers, we do not know. But certainly, they are trying to create the appearance of a massive crackdown. A recent report from the Guardian showed how ICE was manipulating Google searches by posting articles about prior enforcement actions–some from as long as 10 years ago! The goal is obvious: To frighten non-citizens and convince the President’s supporters that he is taking bold action against “illegals.”
Adding to the fear and confusion are civilians impersonating ICE officers to intimidate immigrants and minorities. Other bad actors are following the President’s lead and harassing people who they believe do not belong in our country.
In addition, Republican-led states across the nation have been passing their own anti-immigrant legislation. While some of these laws have been found unconstitutional, others have gone into effect. All this adds to the climate of fear and exclusion many people are currently feeling.
Despite the sound and fury around immigration, it is important to remember that the government has limited resources to detain non-citizens, and that the chances of encountering an ICE agent are still very low (I previously calculated that even if ICE manages to detain 1,500 people per day, the odds of any one individual being detained is about 4.7% per year).
Also, keep in mind that even if you encounter ICE, you may have defenses to being removed, such as asylum, Cancellation of Removal, family petitions, and more. It is also important to know your rights if you encounter ICE.
The government is trying to frighten non-citizens and their allies, and there’s no doubt that this is a scary time. However, we have to keep the threat in perspective and continue to support each other, and hope for better days ahead.
Hey Jason,
According to the news (https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/), pretty much all individuals who are eligible for affirmative asylum and who didn’t not come here on a visa are now no longer getting their interview scheduled. Will this affect the speed of interview scheduling of other affirmative asylum applicants?
Thanks!
Hi Jason. I was reading one of the message from a recent traveller with asylee GC.
“Update on a travel to Mexico. Flight there was smooth (Spirit airlines), on my flight back a Mexican official was very confused on why I’m using both: a “U.S. passport” and a GC. U.S. officer asked me where and for how long I left, when did I come to US, when did I become a LPR.
Interesting thing he asked if I ever held a student visa because apparently they are investigating Students who later applied for a political asylum, well it’s not my case, but he still said that he wouldn’t send anyone back who’s been here for so long anyway. Not sure what it means for people who were students before switching status.”
Any thoughts or news you might have heard on asylees who held student visa?
I don’t know about this. There have been lots of rumors going around, and so I think we can’t pay a lot of attention to an unverified source since we do not know exactly what happened or whether this is true, but the person go into the US, so that is good. Take care, Jason
Hi Jason,
I have filled asylum case in 2016, and it is still pending (I never wrote the full case, just a sentence or two based on the lawyer ). When I filed this case- asylum, I was married. Unfortunately, we officially divorced at the end of 2020 (after 5 yrs). Moving forward, I married USC in March 2023 and filed an AOS after a year, in 2024. Yesterday, I got a notification saying an Interview was Scheduled for March 2025. So, I have a mixed reaction.
a. I am happy that USCIS didn’t forget me after 8+ years,
b. Since the initial partial filing of the asylum case, I didn’t have a lawyer. I was the one filling the forms for the last 8 yrs (EADs, AOS, etc)(Thank you again)
c. I am expecitng a baby in 3 months
Jason, here are my question as always:
1. Do the IO ask about my asylum case when I showed up for the marriage interview
2. Do I need to have a lawyer within this short period of time
3. Do i have to close my asylum case before going to the interview.
4. If they want to ask me about the asylum case, they have very limited information on my cases since i didn’t fully write it (was not a great lawyer at that time), Should I write my cases now? which is on top preparing for an interview and taking care of my pregnant wife,
5. What kind of question should i expect (general idea), thanks.
I understand this is a lot of questions, however, I haven’t slept since I got the interview notification. It’s always you who helped me.
Thanks
I am assuming the interview is for the marriage case, and I tried to answer the questions on that basis: 1 – I guess that is possible, and so you should be familiar with the asylum case, but I doubt they will ask much, if anything. Nevertheless, they can ask anything they want, and so it is good to be prepared. 2 – It is up to you. If you have any issues in the case (criminal arrests, immigration violations, etc), it would be a good idea to have a lawyer if you can get one. If you have no issues, it is probably ok to do without a lawyer. In the unlikely event that the interviewing officer is behaving badly, you can stay calm and ask to speak to a supervisor. But in your case, with a baby on the way, it sounds like you have good evidence for the marriage and so hopefully, the interview will be smooth. 3 – No, you should wait until you have the GC and then close the case. Otherwise, you could be referred to Immigration Court, which will complicate the marriage case. I wrote about withdrawing an asylum case on December 7, 2022. 4 – I would not do that. It is better that they have less info, then there is less to ask you about. If they do ask you about the asylum case, you should write down what you told them so you have a record of that (in case you need it). If you have a lawyer at the interview, the lawyer can take notes about what you say so you have a record. I think it is unlikely that you will be asked about this, but it is possible. 5 – They generally ask about the truth of the marriage and they ask many of the questions on form I-130 and I-485. Take care, Jason
Hello, I have been following your blog. Great work!
I am under a pending asylum case and I recently renewed my EAD. I was denied due to some errors so the EAD has expired.
I have filed the form over. I was wondering if I should keep working or wait till they make a decision?
The general rule is that if you file to renew after the current EAD expires, then you do not get the automatic extension and so you would not be eligible to legally work until you get the new card. In this case, where the case was denied to due an error and you re-filed, I am sure whether a different rule applies. Maybe check the I-765 instructions to see if there is anything there (I kind of doubt it, but I am not sure). Also, so you know, while working without an EAD could affect certain types of immigration applications, it would generally not affect an asylum case, so even if you have been working already after the card expires, it should not have a negative effect on the asylum case. Take care, Jason
Hi Jason,
Thank you always for assisting those who are really in need.
My sister is disabled and she really needs her green card to travel to do tooth implant since she lost most of her teeth. She has pending green card application as a granted asylum. She also recieved a letter from social security office that her case should be expedited and we already attached that letter along with the application. Is there any phone no or email that I can contact them ?
When I am trying to do it through online, it’s telling me that it’s still within the normal processing time.
You can try to expedite – I wrote about that on January 29, 2020. You can also call them at 800-375-5283 and try to reach a person to explain that she needs to expedite. It is very difficult to reach someone, but you can try. Take care, Jason
Thank you for your help Jason!
I have a question- i hold a green card through asylum. I travelled to my home country using COP passport after I get my green card as my father had a surgery. Government has changed after I was granted an asylum and was the main reason to take the risk. Now is time for me to apply for citizenship, should I apply for citizenship or wait and see how Trump administration handles such matters? Or waiting would make things worse as the administration gets time to tighten up things more ? I have a note from my father’s doctor as an evidence. Thanks again
Hi Jason,
I want to sue some shady immigration service provider that my sister paid $3,000 for what she thought was representation for her asylum case in immigration court. Turn out the guy is not even a lawyer, and he is saying the fees were for sending her forms to immigration court and applying for her work permit which he even failed to do correctly. He operates an immigration office in Ohio nd people call him a lawyer because he was a lawyer in his country but failed to pass the lawyer exam here. We would like to file a compliant hut not sure which court
Replying to DARYL’s comment
I was watching this guy on tiktok and he’s name is “Asylum King”. He talk to people and engage them in the tiktok live. Then he was asking people to book consultation for $175 per hour. I asked him if he is lawyer in comment section and he blocked me. Then I watched him using my sister’s tiktok and he is online 24/7, as a disclaimer he wrote a little note “Lawyer available on request”. Most people even don’t bother to read that footnote and they are robbed by non lawyer.
My message to asylum community is to open your eyes before you make any payment. If it’s too good to true, it might be fake. Don’t lose your hard earn money paying for fake “lawyers”
Unfortunately, this is a common problem. You can sue him for damages in civil court (the state trial court). USCIS also has a way to report scams, but it is not so easy. Maybe this website is a starting point: https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud. Finally, you might reach out to your state attorney general or prosecutor to see if they can assist where a person is practicing law without a license. Take care, Jason
I am not sure of the best approach. It sounds like you can explain why you returned and how you stayed safe, so that is good. However, we still do not know how the Trump Administration will approach cases like this, where an asylee returned home. I think you are probably safe with the GC, as there is no indication that the government will try to take those away. So I think you have to decide how badly you want citizenship. If you can wait, maybe wait to see how the new Administration is behaving, but if you need it, you can apply, but make sure you have evidence and are prepared to explain the return trip. Take care, Jason
U.S. pauses immigration applications for certain migrants welcomed under Biden
In the article it states that parole is only paused for 3 other programs. Not DACA.
CHNV
Uniting for Ukraine
Family Reunification Parole Processes.
https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/
This is what the new Administration was elected to do, and so it is not a surprise. We can expect more sweeping changes as time goes on, and so I suspect this is only the beginning. Also, some of these moves may be challenged in court – we shall see. take care, Jason
Hey Jason,
I recently applied for asylum in January, after my F-1 student OPT expired in September of last year. Fortunately, I never accrued more than 180 days of unlawful presence. Now my former employer says they’re willing to sponsor me for an H-1B if I return to work for them. However, as I understand it, even if I’m selected in the H-1B lottery, I’d need to leave the U.S. and go to a third country for visa stamping.
Would pursuing the H-1B route be advisable, given my pending asylum case? I’m concerned the H-1B visa could be denied due to my asylum application, leaving me unable to reenter the U.S. I also wouldn’t have enough time to get Advance Parole if I won the lottery this year, because of the lengthy processing times.
Additionally, if I do go to a consulate for an H-1B interview, what should I say if the consular officer asks whether I plan to return to my home country once my H-1B status ends given that I have honestly no intention to return to there ever.
Thanks for your thoughts on this!
Most likely, you would need to leave the US to get the H1b visa, and you would want Advance Parole as a “plan B” if something went wrong when you go to consular process the H1b. I would talk through the specifics with a lawyer, as each case is different and maybe there is a way to get the H1b without leaving the US. In general, I see no reason why an asylum application would negatively affect an H1b. H1b is a “dual intent” visa, and so the government does not care if you have filed an application to stay permanent in the US (asylum). In terms of what to say at the consulate, it seems to me that you are fine saying you do not want to go back to your country. You already expressed that idea by filing for asylum, and so repeating it at the consulate is consistent with your prior actions. Take care, Jason
Hi, I have a question,do I-730 petition beneficiaries need country passport .What other alternative if they themselves are living in exile and unable to get country passport. Once I 730 petition is approved, the beneficiaries must they have country passport
Generally they need a country passport, but if you cannot get that, my understanding is that it is still possible to process the case and the US embassy can give you a travel document to board the plane and come to the US. You will need evidence of your identity for the case, and so you should gather as much as possible: birth certificate, national ID, school records, parents’ marriage certificate, and anything else you can think of to prove who you are. Take care, Jason