Asylum Seekers

# Asylum Office# Asylum Seekers

New–and Dangerous–Questions at the Asylum Office

Recently, we’ve been seeing some unusual questions during asylum interviews. Applicants are being asked about their views of America and of Jewish people. They are asked about their finances and community involvement, whether they attend religious services, and their family ties to the United States.

Since this is the Trump Administration, you can probably guess that the new questions are not designed to make life easier for asylum seekers. Here, we’ll look at what’s changed and why, and discuss how to prepare for this aspect of your interview.

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By Jason Dzubow
# Asylum Office# Asylum Seekers# Immigration# National Security

USCIS Ends Some “Holds,” Including on Certain Asylum Seekers

Last December, USCIS announced that it had “halted all asylum decisions” until it could “ensure that every alien is vetted and screened to the maximum degree possible.” Various other applications were also halted in the name of national security for individuals from the 39 “banned” countries.

Now, in a rare bit of good news from the Trump Administration, USCIS has issued an update indicating that some holds have been lifted for asylum seekers and others. The Agency has not provide much detail, but here, we’ll see what we can glean from this most recent announcement.

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By Jason Dzubow
# Asylum Office# Asylum Seekers# Credible Fear# Detention# Immigration Court

Affirmative Asylum Cases Dismissed and Sent to Court Without an Interview

One quiet trend that has recently come to light is a new practice at the Asylum Office to dismiss affirmative applications without processing them. The asylum seekers are then subject to “expedited removal” proceedings or otherwise served with a Notice to Appear in Immigration Court. Some are detained. A preliminary evaluation of these dismissals found that many were improper under the law.

Here, we’ll examine this new development, look at who is affected, and discuss how to prepare for the possibility that your case will be dismissed by the Asylum Office.

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By Jason Dzubow
# Asylum# Asylum Seekers

A German Right-Wing Influencer Has Requested Asylum in the U.S. Does She Have a Case?

This post is by Ben Harville, an immigration attorney in Milwaukee, Wisconsin. His practice includes family-based immigration, employment-based immigration, asylum, humanitarian relief, citizenship, and removal/deportation defense. He is also an adjunct professor at the University of Wisconsin Law School, where he teaches Immigration Law.

Last year, Naomi Seibt became the first person to request asylum under the Trump Administration’s new refugee priorities, which prioritize applications made by white South Africans and right-wing Europeans. Ms. Seibt gained international prominence in 2019 as the “anti-Greta Thunberg”: a young, Northern European woman who was outspokenly skeptical of man-made climate change. In recent years, she has expanded her focus to include critiques of the German government’s approach to immigration, gender, and other culture-war issues (a typical recent post: “Muslims in Germany will outbreed white Christians. If you don’t think that is horrifying, you are not worthy of the free West that our ancestors fought for”). She is also an outspoken supporter of the right-wing Alternative for Germany party (AFD). Because of these political beliefs, she claims, the German government will persecute her if she returns to her homeland. 

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By Jason Dzubow
# Asylum Office# Asylum Seekers

News from the Asylum Office: Blocking Work Permits & Updating Statistics

In its ongoing effort to (supposedly) “protect the American people from invasion,” the Trump Administration has published new rules to further restrict Employment Authorization Documents (EADs) for asylum seekers. If implemented, these changes will be quite harmful to people filing new asylum applications in the United States.

What’s more, there is addition bad news buried within the proposed EAD rules. USCIS has included new Asylum Office data, which shows a steep decline in asylum grant rates.

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By Jason Dzubow
# Asylum Seekers# Immigration Court

More Asylum Seekers Are “No Shows” in Immigration Court

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.

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By Jason Dzubow
# Asylum Seekers# Immigration Court# Legal Relief

Asylum Cooperative Agreements and the Fiction of the Safe Third Country

A recent Board of Immigration Appeals case highlights the Trump Administration’s latest tactic for blocking asylum seekers from protection in the United States. In Matter of C-I-G-M- & L-V-S-G-, the Board held that two Guatemalan migrants were barred from asylum, Withholding of Removal, and relief under the Torture Convention, and that they could be sent to a third country–in this case, Honduras–to pursue a protection claim there. 

The decision illustrates a new trend in Immigration Court where DHS (the prosecutor) files to pretermit (deny) asylum and order the non-citizen deported. The basis to pretermit is that the applicant could seek asylum in a safe third country pursuant to an Asylum Cooperative Agreement (ACA) with that country. The Immigration Judge may then deport the person to the third country, where they can supposedly seek protection. 

Here, we will discuss the ACAs and how they are affecting asylum seekers.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers

The Secret to Happiness (for Asylum Seekers and Everybody Else)

Who am I to know The Secret to Happiness, you ask. Mankind has struggled with this question for eons, yet here I am, purporting to know The Answer. What kind of pretentious jerk would make such a claim, especially on New Year’s Day? These are fair points. In my defense, I am currently hung over. I am also not much in the mood to write about all the bad news that’s fit to print–and there is a never-ending supply of that, which I presume we’ll get to soon enough. No, today is a holiday, the beginning of a new year, a time for optimism even–especially–when realism calls for pessimism. And the fact is, in my years of observing asylum seekers, people who have suffered much and are under continuous stress, I have learned The Secret to Happiness, which I will reveal to you forthwith.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# National Security

USCIS Restricts Work Permits… Again

In the aftermath of an Afghan asylum seeker’s attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other “banned” countries, as well as on asylum seekers, refugees, and other migrants.

The most recent iteration of these efforts is the decision by USCIS–justified by “security” concerns–to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# Legal# National Security

“Halting” Asylum and “Re-Examining” Previously-Approved Cases

After the terrible shooting incident last week where a CIA-trained Afghan national killed one member of the National Guard and critically injured another, President Trump declared that he would “permanently pause migration from all Third World Countries” and “remove anyone who is not a net asset to the United States, or is incapable of loving our Country.” He also vowed to “denaturalize migrants who undermine domestic tranquility, and deport any Foreign National who is a public charge, security risk, or non-compatible with Western Civilization.”

We do not yet have a full picture of how these words will be put into operation, but several government agencies have already announced new restrictions on asylum and on people from Afghanistan and other “banned” countries. Here, we’ll look at what has been said so far, and try to understand how the new policies will affect asylum seekers and asylees.

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By Jason Dzubow