Recent data reveals that increasing numbers of asylum seekers are failing to appear for their Immigration Court hearings and effectively abandoning their applications to remain in the United States.
In FY2023, there were 13,319 abandoned cases in our nation’s Immigration Courts; in FY2024, there were 18,436 abandonments; and in FY2025, the first year of the Trump Administration, the number of abandoned cases soared to 51,446.
The most obvious explanation for the dramatic increase in “no shows” is that people fear they will be detained when they appear for their hearing. Widely-shared videos show ICE agents detaining people–often roughly–in Immigration Court. While the number of such arrests is relatively modest, the incidents have caused wide-spread fear among those with court appearances. These arrests seem to be a deliberate tactic to intimidate non-citizens into abandoning their applications to remain in the United States. Before the recent spate of arrests, my clients generally preferred in-person hearings, as they could more effectively communicate with the judge. Now, most applicants hope for a virtual hearing to reduce the risk of detention.
Aside from intimidating people into abandoning their cases, the courthouse arrests make it more difficult for those who do attend their hearings. It’s stressful to testify in court even under the best of circumstances. But these days, the stress is amplified by the ever-present threat of being snatched away by ICE agents. Also, witnesses who could help support a case may be intimidated into staying away. It’s not great for attorneys either, as we want to focus on preparing for our case and not worrying about how to confront ICE.
While it seems pretty clear that courthouse arrests are a major reason that some non-citizens are abandoning their cases, what are the odds of actually being detained when you appear for your hearing?
A recent analysis of arrests during May, June, and July 2025 identified 2,388 people who were detained at their Immigration Court hearings. The study’s author expects that this number is an under-count, but it is the closest estimate we have so far. Compare that with data from EOIR, which shows that during the same period there were 364,262 court hearings. If these figures are accurate, it means that during those three months in 2025, a non-citizen appearing in Immigration Court had less than a 1% chance of being detained. This number seems about right overall, but the odds of detention vary widely depending on the particular court and each person’s individual circumstances.
ICE operations seem to target one court and then another, and so the risk of detention increases if ICE happens to be focusing on your court at the time of your hearing. If you have a lawyer, the lawyer may have an idea about what’s happening at your local court. There are also websites that try to track ICE activity, and while these are not entirely reliable, they may help give you an idea of the risk in your location.
Also, based on what I’ve seen, some individuals are more likely to be detained than others. People who arrived without a visa at the U.S.-Mexican border and people have arrived based on humanitarian parole have a greater chance of detention than people who entered with a visa, filed affirmatively for asylum, and were then referred to Immigration Court. Also, people with prior deportation orders, criminal convictions, or even arrests without convictions, are more likely to be detained than people who do not have criminal issues or removal orders.
If you are at risk of detention, you can take steps to prepare in advance. You can request a virtual hearing, though for the most part, judges will not accommodate such requests. Also, have a friend or family member who can help you and who has access to your documents. Make a plan for your spouse and children, and your property. If possible, set aside money to post bond and hire a lawyer to help with your case and assist if you are detained. Gather your evidence and prepare for your hearing, so that everything is ready and you can present the strongest possible case even if you are detained. And remember, just because you are detained does not mean that you can’t win your case–you still can!
If you are thinking of skipping your Immigration Court hearing for fear of detention, you should know that failure to appear in court almost guarantees that you will be ordered deported. You may be able to appeal such a ruling or try to reopen your case, but those options rarely succeed.
Before abandoning your case, it is worthwhile to talk with a lawyer to evaluate the merits of your application and the likelihood of being detained. For some people–those with a weak case and a relatively high probability of detention–it may not be worth the risk of going to court. Sadly, in the current environment, giving up is not necessarily illogical.
However, for most people, it makes sense to attend their hearings. The overall likelihood of detention is quite low, and if you prepare your case in advance, evaluate the risks, and have a plan, you will maximize the possibility of a successful outcome, even if you are detained.
Asylum seekers are brave and resilient people. Despite the Trump Administration’s best efforts to terrify and intimidate them, I have confidence that most will never give up. I also have hope that in the end, they will find the safety and peace that they deserve.
Hello Jason,
first of thank you for all that you do through this forum.
My wife is about to file i485 through her EB-3 process. And I want to be included as a derivative beneficiary on her application. But my asylum case has been referred to court and I have the individual hearing in dec-27. I was on f1 status (ended on dec 2019) when I applied for asylum and did that within 1 year bar. so is it possible to file as her beneficiary or will there be a problem because of my status. If not are there any other strategies that could do so that I can protect my place as her derivative for the future?
There might have been an option to do this under INA 245(k) if you were not Immigration Court, but probably the only way to be a dependent on her case now would be to take Voluntary Departure, leave the U.S., and try to consular process. There may be some exceptions that allow you to get the green card in the U.S., but those would be rare. Even so, it would be worth talking to a lawyer to decide about this, as maybe there is some way to do it inside the U.S. (doubtful, but not impossible) or maybe it makes sense for you to try consular processing (if you are eligible, or maybe if the asylum case is weak). Take care, Jason
Thank you
Hi Jason,
Hope everything is with you
Appreciate you for your help.
Our(5 family members) individual hearing is in September 2026.Meantime one of the family member needs to move in different states as our hearing is in New York federal plaza .
So when we need to send the AR 11 form and the change of address/contact information form Immigration court does it effect our hearing date and place too?
When we had asylum interview he was minor
Now he is 28, but he need to move different state
So my question is what the consequences when we change the add for him,
1 .Still ne will be same hearing date and place although he change address?
I look forward to hearing from you..
Regards
Jhampa
I do not think there will be any effect on the hearing location, as it sounds like this person is not the principal applicant, and the case should remain where the principal applicant lives. The form to update your address with USCIS is the AR-11 and the form for court is the EOIR-33. Note that if an adult child gets married, the child will no longer be a dependent on their parent’s I-589 and will need to file their own I-589 or apply for some other type of relief from being deported. Take care, Jason
Appreciate you Jason for your reply. So I have 2 questions.
1) Yes one of my family member just got married here but not us citizens and he was minor when we applied for asylum.So he has to apply new asylum?
2) one of my family member got job as IT technician so he needs to change the address as he is out of the state where our court hearing is finalized for September,but we are worried about if
It will effect our all schedules and it effect for his job too
So I really aspect your reply again about #1 and 2
Thanks again.
Best
Jhampa
1 – If a minor dependent gets married, he immediately loses his status as a dependent and if he wants to pursue asylum, he needs to file his own I-589. He needs to do this as soon as possible; otherwise, he may have issues with the one-year filing asylum bar (I wrote about this bar on January 18, 2018). While he was on his parent’s case, he had an exception to the one-year filing bar. However, as soon as he married, he is no longer a dependent and has to file his own I-589 within a “reasonable time” after his dependent status ended. There no solid definition of “reasonable time,” and so the sooner he files, the better. 2 – I do not see how it would effect the case or his job. I suppose it is possible the court would separate his case from the other family members and move his court to his new location. However, I think that is very unlikely (unless maybe he asks for that). Take care, Jason
Thanks Jason appreciate you for all responses.
So I have one more question about the minor who got married.
1. He has two more years valid EAD,Driving license ,social s. What happens when he got married?
2. If he files new 589 still he can use Old EAD,DL?
If not how long it will take to get EAD and DL?
I look forward your response
Thanks
Jason
1 – Technically, if the EAD was based on his status as a dependent, and he loses his dependent status by getting married, the EAD is no longer valid. No one will know that his EAD is no longer valid, but he is no longer eligible to work. Working without permission can have immigration consequences, but that would normally not block a person from obtaining asylum in the US. 2 – I think not, but you would have to talk to the state DMV about the license. If he files a new I-589, he would need to wait 150 days and then file for an EAD as the principal asylum applicant. Take care, Jason
Hi Jason,
I am going to send my RTD renewal form and i filled G-1450 that i pay the fee ($165) with my credit card, is there any fingerprint fee too?, cause as far as new rule all applicant betteween 14-79 years old has to do fingerprint as well, also i want to let you know i have 1-485 pending thru asylum and the status shows finger print was taken on ckeck status but i am from one the ban countires and i beleive i need to do another finger print for that when the hold been removed right?, thank you so much.
That is the correct fee for someone who is 16+ years old. I do think that even RTDs are on hold for people from banned countries (see /www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf). I doubt you will have a fingerprints for either form, as USCIS is generally re-using biometrics that they already have. Take care, Jason
I am a principal Asylee holding a Green card. I am helping my wife who wants to apply for adjustment of status as my Derivative asylee after one year presence in the USA.
Question:
Does she has to pay the $1,440? I couldn’t see the fees for derivative Ashlee’s in the USCIS fee schedule. I need an answer from whoever has an idea on this
Asylee derivatives pay the same fee as asylees when they adjust status, which is $1440. There is a fee waiver if she qualifies, using form I-912 available at http://www.uscis.gov. Take care, Jason
Thanks Jason for your reply.
You’re very helpful to us. God bless you
Hi Jason
My friend submitted a request to withdraw her asylum application in February after she left the U. S.USCIS replied that it would take 30 days to make a decision. However, she received an interview notice on Feb 14 and the interview is scheduled for March.
Will her case be referred to the immigration court if she does not appear for the interview?
Is there anything I can do to help her at this point? Do we need to hire an attorney to explain the situation on the interview date, or can I go there in person on her behalf to explain?
Thank you very much for your advice.
You can email the asylum office again to request that the case be withdrawn. I wrote about how to do that on December 7, 2022. She should include a copy of the interview notice and proof of the reason for withdrawal (for example, if she left the U.S. or already received a green card). If she is still in the U.S. and does not have any status here aside from the pending asylum, she will likely need to attend the interview and present her case. If she does not do that, the asylum office will refer her case to immigration court where she could be ordered deported. If the asylum office fails to respond to the request to withdraw, she will either need to go there on the day of the interview with proof of her status (such as her green card) or if she has left the country, she can send a lawyer there with proof that she left. Take care, Jason
TPS is cancelled for Yemen in February 13. Within 60 days, it is over. So is the work authorization valid until April 14, 2026.
Once this period is over, I’d be in pending asylum. I came here legally, and was F-1 and then transitioned to TPS, but now I would be on pending asylum from April 14. After that date, should I be fine or should I expect ICE checking in with me? And if they came and told them the history that I am actually here legally (was F-1, then TPS, now pending asylum) would they put me on deporting procedures? Or would they let me go?
We will have to see whether there is a lawsuit to extend TPS for Yemen, as that has happened with several other countries. If TPS does end, you are legally allowed to be here with a pending asylum case. I have not heard about people in that situation (TPS ends, asylum pending) being detained by ICE. If you were detained, you would be eligible for release on a bond with an Immigration Judge (as opposed to people who entered at the Mexican border who need to first file a habeas petition in federal court before they can seek bond with an Immigration Judge). Since you are eligible for asylum at the asylum office, and if you were detained, you would be eligible for a bond (assuming you have no criminal or national security issues), it is unlikely that ICE would detain you. Nevertheless, it does not hurt to have a plan just in case that happens. I wrote about this issue on January 8, 2025. Take care, Jason
Hi Jason,
Is there any news regarding I-485 pause for refugees when its gonna end? Do you hear anything about it from some source? Thank you Jason.
Supposedly, USCIS will re-examine all refugees who came during the Biden Administration. That is more than 200,000 people. We do not know how this review will be accomplished or how much resources it will require. I suppose it is possible that I-485 processing for refugees will not resume until the re-examination is complete, we do not know that either. In short, we do not know how long it will last, and I have not heard anything from people I know at USCIS. I still hope the pause on I-485 cases will be relatively short, as this whole effort is basically a farce to show that the Administration is doing something about securty, but we will have to wait and see. Take care, Jason
I have a question.
Do you think local jurisdiction should cooperate with 🧊 ?
I tend to think such cooperation is counter-productive and alienates members of the community, though I do think it is possible to structure such cooperation in a way that is more effective. Take care, Jason
What about pause on all uscis application on 19 counties?, when will be removed ?
No one knows, but hopefully, it will not be very long. It is supposedly to improve security, and so once new measures are put into place, USCIS will hopefully resume processing cases. Take care, Jason
Hi Jason
Our Master hearing was scheduled in beginning of December. Appointment date disappeared from EOIR portal a week before the hearing . (which was set as online hearing) .Our attorney said they canceled the hearing and they gonna reschedule. I have not seen any changes since then in my portal and we didn’t receive any official letter saying the cancellation of the hearing.
Does it usually happen like that. I m worried as I didn’t receive any latter. Just a blank portal .
I had the same issue. It took them about 4 months to send a new Notice of hearing, so don’t worry.
Cancelling hearings is pretty common and there are many reasons that could happen. Most likely, it has to do with the judge’s schedule and not to do with your case. The court would normally send a letter to the lawyer and not to the person, and if the case file is online, the letter would be sent electronically. I would expect that the case is rescheduled soon, but if that does not happen, your lawyer can request a new hearing date or the lawyer can do the Master Hearing in writing and request that the case be scheduled directly for an Individual Hearing (but if you want to try that, the case has to be compete and ready to go). I wrote more about advancing the hearing date on Aoril 20, 2017. Take care, Jason
In the DHS cancellation of TPS, they said:
(1) Self-deporting includes a “potential future opportunities for legal immigration.” Is this a lie to incentive folks to leave? If they want them to stay for legal immigration, then they would have pathways for doing so, but right now, they are kicking people out and telling them that they would let them come back.
(2) “If an alien forces DHS to arrest and remove them, they may never be allowed to return to the United States.” Is this true? If an alien who has pending asylum case, can DHS arrest and remove them? And if DHS arrested and removed them, does that mean the alien will never be allowed to the United States? Or is this a lie, too?
1 – I would not say it is exactly a lie, but if you hope to return to the US one day, you should talk to a lawyer before you leave. The lawyer can look at the specifics and help you understand whether, when, and how you can return to the US. Avoiding a deportation order from an Immigration Judge generally does make it easier to return, and so “self deporting” can help with that. 2 – Again, it depends, but if you have a pending asylum case, you are permitted to present that case and until you have that chance, you cannot legally be deported. In general, being denied asylum and deported would not result in a life-time bar to returning. It could, if the judge finds that the case was fake (this is rare) or maybe if you had a prior deportation order, but in general, for most people, there would be a 10-year bar to returning if you were deported. Take care, Jason
And it’s difficult to qualify for any visa for ordinary people.
Most people’s only way to stay is to claim asylum or withholding or removal or CAT.
Hey Jason. First of all i want to say thank you for tgis blog and for your support – truly appreciated. I had an upcoming individual hearing and 2 weeks ahead of it the court issued a notice that the master will be. My attorney said that 99% of cases now is being denied because dhs files last second motion to pretermit and the hearing takes like 20 minutes, so IJs clear their calendars “in advance”. Is this something common? Thank you in advance.
It is common for them to try to pretermit (dismiss/deny) a case and tell the person that they should seek asylum in a third country. However, this seems only to apply to people who entered the US after mid-November 2019 (I forget the exact date, maybe November 20, 2019) and who arrived at the US-Mexico border without a visa. There are other sneaky ways to try to deny cases, such as the Circumvention of Lawful Pathways rule (related to the CBP-One app, which allowed you to make an appointment to request asylum at the border), but normally, they are only pretermiting cases where they want to deport the person to a third country to seek asylum there. If they try that with you, you can argue that you would be unsafe in the third country. This is not an easy argument to make, but is sometimes possible depending on the situation. Take care, Jason
Thank you for the reply. Yes, i used cbp1 to enter the states (and at the moment I did that to enter “as legally as possible”). I really hope my IJ will be empathetic and the DHS attorney will draft the motion poorly, so we can challenge it. That’s all my hope at the moment. The last question, do they try to deport all asylum seekers in the count to the third country? I read all available agreements and all of them are just 10-300 quotas only. Also, most of them already being sued, so if anything there is a hope that federal court will cancel them.
I expect that lawsuits will try to challenge the legality of the safe third country agreements. One basis to challenge the agreements is exactly what you point to – the countries have only agreed to take a very limited number of people, and the US government seems to be using these agreements as a basis to dismiss many more asylum applications than they will be able to actually send to third countries. I think in the end, unless something changes, very few people will be sent to third countries, but I do not know what will happen to these people. Maybe as the cases work their way through the court system, the federal courts will reverse some of this. We shall see. Take care, Jason
Who is the most pro asylum politicians that can win ?
Hi Jason, thank you for all you do, Are Adjustment of status interviews currently required for all Asylees? If not, what is the criteria for referring an asylee to green card interview? and what is the nature of these interviews? Is it like an in depth Asylum interview ?
Supposedly, USCIS will interview all asylees who apply for green cards. They said that during the last Trump Administration, and it was never fully implemented, but we’ll see what happens this time. If you are applying for a GC, you should be prepared for an interview. At a normal GC interview, they mostly ask about the questions on the I-485 form, but you should also review your asylum case. I doubt the questions about asylum will be very detailed, but there is no harm in reviewing the case so you are familiar and can discuss the asylum case if asked. Take care, Jason
Hi Jason, with everything seemingly being so bad – are there any good news? As in – are people still winning asylum in courts? Are there people going through the process, who are not getting detained by ICE? Anything you can share – to give us some hope.
Cases are still being won at the asylum office (though not very recently, as everything there is on hold, so there are no decisions), in court, and with USCIS. Cases are also frequently being won in the federal courts. It is still possible to win a case, though you certainly need to be more careful these days and there is an element of luck for some people in court, as DHS (the prosecutor) is trying to block certain people depending on when and how they entered the U.S. Take care, Jason
I am a person on TPS, which ends on March 3, 2026. I have admission from a university, but I have not obtained the I-20 yet. Nor did apply for a change of status from TPS to F-1 student status. I am currently working full-time, using my work authorization (EAD card) associated with TPS. Both the TPS and EAD card will end on March 3, 2026. I have a concern if I submitted for a change from TPS to F-1, that I would lose my ability to work full-time through the EAD card? Is my concern legitimate? Should I go ahead and apply for the change? Will I lose the TPS and EAD by doing so? Or should I wait until TPS and EAD card are officially cancelled on March 3, 2026.
Applying to change to F-1 status (form I-539) would have no effect on TPS or your current EAD. If you want to change status, you have to file for that before your current status ends, and so it is probably best to do that as soon as possible. There may be someone at the school who can assist with this, or you can talk to a lawyer to look at your case and make sure there are no issues, but I think the sooner you do that, the better. Take care, Jason
Hi Jason,
After I submitted my Adjustment of Status application about a year and a half ago, I received the following update:
“Case Is Ready to Be Scheduled for an Interview. As of today, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status (Receipt Number: MSCXXXXXXXXX), for an interview. We will schedule the interview and send a notice.”
Does this mean there will be another interview related to my asylum application, or is this specific to the I-485? Based on your experience, what usually happens in cases like this?
Thank you,
This sounds like an interview for the I-485. However, they can ask about your asylum case at that interview. I doubt the question about your asylum case would be very extensive, as that was already completed, but you should review your asylum case before the interview so you are prepared to discuss that if asked. Take care, Jason
Hi Jason!
Hope all is well with you and thanks so much for all the work you are doing for the community. Couple of questions:
– Can someone move out of the state (not covered by the same asylum office) after the interview with USCIS or they have to wait for the decision?
– In case of approval, can they do AOS in another state?
– In case of referral to court, can they ask to move the case to a court in another state?
Best regards
1 – You can move, but make sure to update your address; otherwise, you will not receive the decision. You can do that at the USCIS website, and you can also email the asylum office directly. You can find their email if you follow the link under Resources called Asylum Office Locator. 2 – Yes. 3 – If you change your address and then get sent to court, the court should be in your current location. If not, you can ask to move the case to where you live. Usually, the sooner you do that, the better. Take care, Jason
Hello Jason,
I was scheduled for an interview on my 2017 case.
Are decisions currently being issued after interviews, and what typically follows at this stage? Thank you
It’s very hard to be granted asylum
Currently, decisions are not being issued, but I expect the hold to end in the next few months (of course, you never know). The officer may be able to give you more info at the end of the interview, and if they don’t, you can ask. For example, I always try to ask if they have a sense of when the decision will be issued. They often do not know, but there is no harm in asking. It is still possible to win asylum, although things are becoming more difficult. We have had some successes recently, and so I know that people are sometimes successful. Good luck, Jason
Would you say you and your teams’ cases are…of higher quality and more winnable than the national average case ?
At my current firm, we have a very wide variety of cases, and so I would not say they are more winnable than average, but there is no real way to evaluate that. Take care, Jason
Hi Jason,
I came across this article today.
https://www.notus.org/immigration/department-justice-board-immigration-appeals-federal-register
This is new and I think the Federal Register announcement just came out today. It is bad news, but not entirely unexpected, as we knew they wanted to restrict BIA appeals. I will probably try to write something about this new rule, but I need to read it more carefully. Take care, Jason
Hi, I have a question. Do Matters of S S F M and K E S G have any effect on the viability of FGM cases? I know they probably deal with different set of facts but I just want to be sure.
Thank you
I do not think so, but I have not looked at those cases with FGM in mind and so I am not sure. If you have a case where FGM is an issue, it is worth having a lawyer evaluate the current state of the law, to make sure you present the case in the best way possible. Take care, Jason
Thanks for your response Jason. In K E S G, it explicitly stated in footnotes 7 & 8 that it does not affect viability of FGM cases. I think S S F M relates more to domestic violence and private actors harm. FGM is rooted in culture.
FGM is done by non-state actors, and so factors in a case where the person has not yet been circumcised include whether the government can protect her and whether she can live safely in some part of her country. I have not seen a case that affects whether fear of FGM is a basis for asylum (in other words, that “women of a particular ethnic group/tribe who have not been circumcised” is a particular social group). Take care, Jason
Thanks Jason. In this particular instance, the applicant is already circumcised, a victim of FGM. The AO in the referral notice confirmed that the applicant meets refugee definition but claimed presumption of future fear was rebutted because the applicant has already undergone FGM. The AO ignored evidence submitted which included a psychological report confirming MDD (F33.1).
I thought there was a BIA case about women who had already undergone FGM. Also, the claim is generally “humanitarian asylum,” as the harm is very great and life long. Also, if they face any other harm, even if there is no nexus, she might qualify for asylum based on “other serious harm” asylum. I wrote about that on March 26, 2012 and also November 21, 2011. Take care, Jason
Hi Jason,
Do you advise against returning to country of prosecution after naturalization? My country government changed, I want to know if it is safe to do this when coming back to the US. Thank you.
I have not heard about anyone having a problem for doing that, and I think it is safe. I wrote an article about green card holders returning to their country and maybe that is worth a look if you want to be extra careful. That article is from May 25, 2022. Take care, Jason
Hello ,I am a asylee green card holder. I want to apply for both Reentry permit and Refugee travel document at the same time.
1. Is this possible ?
It seems since RTD and Reentry permit both are131 form USCIS might process one and denied the other.
2. What about if one is from both travel ban and pause country is USCIS going to process these travel documents.
1 – I have never done that, but I do not know of any rule against it. However, it seems like a waste of money and I can’t imagine one would be granted and the other denied. For asylees, even with a GC, the more appropriate document is the RTD, since that is meant to be used instead of a passport. 2 – If you are from a “banned” country, USCIS is also holding most applications, including the I-131 for the RTD and re-entry permit (this does not include the 75 or so countries recently blocked from immigrant visas). Hopefully, this hold will not last for too long, and if you want to apply, you probably should, as waiting to apply until the hold ends will only further delay the process. Take care, Jason
Hi Jason, thanks for always informing us.
I was recently detained despite having pending asylum case and I didn’t even have an interview yet, my application remains pending with USCIS even though I already had my first master hearing with court. I was released on a bond, but they placed ankle monitor on me. Is there anyway I could get this removed by asking federal judge? ICE withheld my documents and refusing to return it back to me. What actions I could take? My individual hearing isn’t scheduled yet, all I see is the mess in the system.
I doubt a federal judge would take action to have the ankle monitor removed. You can talk to a lawyer who does habeas cases to see what they think. If you have another Master Hearing, you can ask the DHS attorney about your documents, or if you have a lawyer, you can ask the lawyer to reach out or you can reach out yourself (you can find contact info if you follow the link under Resources called DHS Office of the Chief Counsel). I do not know that they will return the documents, but you can ask. Why they have not scheduled your Individual Hearing, I do not know, but if you want, your lawyer (or you) can file a request to set a date. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, thank you for your help to the asylum community. I just wanted to share some information about follow-to-join asylees. My family had their interview in one of the 75 countries where immigrant visa restrictions are in place. They were interviewed a few days ago and were approved.
It appears that these restrictions do not apply to follow-to-join asylees. I wanted to share this to give a small glimpse of hope to those who have waited through years of stress, tears, and uncertainty while trying to reunite with their families.
Stay strong, this too shall pass.
Thank you for sharing and that is good news. I hope they arrive here soon. The original travel ban exempts asylees and refugees, so the fact that they were processed should not be a surprise, but since the government is throwing up so many barriers to block legitimate follow-to-join asylees, it is good to hear that people are sometimes getting through. Take care, Jason
I have been waiting since February 2017 as an Affirmative family Asylum applicant but have not received a call to attend the first interview with the USCIS office, except for a recent mail in mid-December 2025 requesting $100, which I paid immediately and received an acknowledgment of payment. My daughter turned 16 this year, and we only did fingerprints back in 2017. Do you know when we might receive a call, and will my daughter need to provide fingerprints again since she did so in 2017? I also have two other children born here. What should I do? Could you please provide any advice?
It is possible that a 2017 case could be interviewed soon, so if you have not gathered your evidence and completed your affidavit, you should do so. That way, you are ready if you need to file your documents. In terms of your daughter, if she has not yet been interviewed, it is possible you will get a notice about that, or it may not happen until the interview (in that case, she would probably be scheduled for a biometric appointment after the interview). The U.S. citizen children are not part of the case and do not need to do anything. Take care, Jason
Starting where you ended, I agree with you that asylum seekers are brave and resilient. In many instances, they have nothing to lose. As Mark Krikorian put it, asylum seekers go from Haiti to Chile because it is thousands times better and then to the United States because it is a million times better. I think Mark Krikorian is onto something here. Most people who come to the States have already experienced the worse of the worst. So even the United States with its current conditions remain to them the most generous, most interesting, most freest county in the world. I think that, as you pointed out, many people are afraid of the heuristic availability, even though the chances of being detained, as you reported, is about 1%.
I understand that the current immigration clampdown is on folks who came here without visa (as in: illegal aliens). Do you think that such immigration crackdown efforts would actually expand and crack down on aliens who came here legally with a visa? For example, we know that thousands of TPS holders from Haiti are currently in jeopardy, as their TPS is in limbo. Have you heard of ICE targeting Haiti TPS holders, targeting them for deportation? As the New Yorker reported today, many of these Haiti TPS holders came through a visa. Do you think the fact that they came through visa spare them the wrath of ICE, at least for the time being?
I am not sure whether the ICE effort will expand to people who came here with a visa. It certainly could, but such people are legally eligible for bond, whereas the Trump Administration takes the position that most people who entered without a visa are not eligible for bond (hence, federal courts are being inundated with habeas corpus cases to get detained non-citizens a bond hearing in Immigration Court). Trump has expressed his contempt for Haitians, and so I would not be surprised if that community gets targeted, but how that will look and who within the community will be targeted for detention, I do not know. Take care, Jason
Thank you. I am reading on TPS and it said that if DHS secretary did not cancel TPS, then the program is automatically extended for 6 months, 12 months, or 18 months. Of all the canceled TPS programs, DHS secretary cancelled them 60 days prior to the designation. In the case of Yemen, TPS ends in March 3, so if they were planning to cancel it, then the cancellation notices should have been done 60 days prior—in January 3. But we are now on February 5, which is 27 days away—yet there is no cancellation. I know you said you don’t know how to read the silence of Yemen, but can they cancel TPS for Yemen last-minute, or are there consequences for doing so?
I would also like to bring to your attention, although you might already know, the fact that Yemeni Americans did support Trump and voted for him, which helped him to win in the swing state of Michigan. Amer Ghalib, former Mayor of Hamtramck, a former Democrat, supported Donald Trump. In return, Trump nominated Ghalib to be the U.S. Ambassador to Kuwait, although that plan didn’t come to fruition (because the Senate didn’t approve). Instead, Trump appointed Ghalib as a senior advisor for strategic partnerships at AmeriCorps. Since Yemenis supported Trump, is it possible that Trump Administration would extend TPS as good faith grace?
The only thing is that in Project 2025, they were calling for abolishing TPS altogether, not just for this or that country, but to abolish the TPS in and of itself. Since TPS program was enacted by Congress, can DHS just cancel the program? Or if they cancelled TPS for all countries, would the TPS program be considered de facto cancelled. Do you have any insights in this area?
I do not know whether DHS has the legal authority to cancel TPS without the 60 days notice, or whether they have decided not to cancel it (perhaps as a quid pro quo for some Yemeni people supporting Trump). DHS or the President cannot eliminate TPS, as that is part of the law. However, they can effectively eliminate it by ending TPS for all the designated countries. Of course, courts are blocking some of that, but I imagine that eventually, they will be able to cancel TPS for any country they so choose. Take care, Jason
It would be interesting indeed if a “quid pro quo” was at play here. I won’t be surprised if they cancel it. I’ll be pleasantly surprised if they extended it, because that would be a new precedent amidst an unprecedented immigration crackdown. I feel that in this issue only time will tell. The problem is that some TPS holders would like to know sooner than later, because they want to plan their lives accordingly. For example, I know someone who wants to know because if it was canceled he will go back to his country of origin. Some animals are fighting, some are flighting, and some are frozen. I know you are not a psychologist but what do you think is the most effective response for folks who are waiting for TPS?
I agree that having some certainty is very important. Once a person knows the rules, they can make decisions, but this Administration keeps on changing the rules (not to mention lying about the facts – see, e.g., the new State Department Reports on Human Rights Practices). For people with TPS, I think it is best to assume that it will end and plan accordingly. If they have other applications for relief, they should pursue those, and probably doing that sooner is better. Take care, Jason