I recently met with the family of a man from El Salvador who we’ll call Jorge. Jorge was detained by ICE and is facing imminent deportation. He has been in the United States for more than 10 years, has no criminal convictions, and has several relatives with legal status, including his child (a U.S. citizen) and his mother (a permanent resident). Jorge had faced danger in El Salvador: criminals tried to force him to join their gang. They also murdered his uncle. Based on these facts, Jorge is legally eligible to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation is a good idea.
EOIR
“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.
Let’s Meet the New Temporary Immigration Judges
Perhaps you’ve heard about the Trump Administration’s plan to appoint 600 Temporary Immigration Judges to help address the 3.5-million case backlog in Immigration Court. As far as we know, all the new judges will be U.S. military lawyers from the Judge Advocate General’s corps.
To facilitate these appointments, EOIR–the Executive Office for Immigration Review, the office that oversees our country’s Immigration Courts–has substantially relaxed the requirements to serve as an Immigration Judge (IJ), and now, IJs do not need any experience with the immigration law to become a judge. The new appointments come on the heels of mass terminations at EOIR, which saw about 120 of the nation’s 700 IJs terminated or “voluntarily” retired.
What to expect from the new judges? Will they be Trump’s willing executioners, denying cases as fast as they can docket them? Or will they be more fair, enforcing the law regardless of their political bosses’ preference? EOIR recently announced the first class of Temporary Immigration Judges (TIJs) and here, we’ll look at their backgrounds to see what this might portend for their judgeships.
Trump-Proofing Your Asylum Application (Part 1)
Since the advent of the Trump Administration, it has been getting more and more difficult to win asylum. Decision-makers in court and at the Asylum Office are more suspicious of fraud, have higher expectations for evidence, and are looking for sneaky ways to deny applications. They are also less forgiving of inconsistencies and innocent mistakes. Add to that an overall environment where non-citizens are under threat, and the asylum process has become much more fraught. How then can you best prepare an asylum application during these challenging times?
Here and in part 2, we’ll examine some common problems faced by asylum seekers and how they can be overcome.
The Asylum Trap: Could Your Case Be Dismissed for Failure to Pay the $100 Annual Fee?
The Roman Emperor Caligula had a habit of frequently changing statutes and penalties during his reign. When people complained that they needed to know the law in order to avoid the punishments, Caligula posted his rules high up on a pillar, so no one could read them. That way, the law remained unknowable and the Emperor could continue to do as he pleased. This is basically the state of immigration law in the United States today.
The government’s most recent machination is the $100 annual fee for asylum. The One Big Beautiful Bill created this new fee, but as of now, there is no mechanism for most applicants to pay. So what happens with your case if you can’t make the payment? Will it be dismissed? If you have an asylum application pending at the Asylum Office, the Immigration Court or the Board of Immigration Appeals, what should you do to protect yourself?
Freedom Isn’t Free – It’s Very Expensive
By now, you’ve probably heard that USCIS and EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts) have dramatically increased fees for many applications.
It seems to me that one purpose of these new fees is to make it unaffordable for non-citizens to obtain status in the United States. Another purpose is to make it more difficult for non-profits to assist indigent people seeking protection in our country.
Do You Have a Pulse? Congratulations! You’re Qualified to be an Immigration Judge!
A new final rule from the Executive Office for Immigration Review (EOIR), the office that oversees our nation’s Immigration Court system, has substantially relaxed the requirements for serving as a Temporary Immigration Judge. Under this rule, people with little or no immigration experience can decide whether asylum seekers and other non-citizens are entitled to remain in the United States or must be deported.
Adding insult to injury, the rule also changes the language in the Code of Federal Regulations, and so now, instead of the term “noncitizens,” the CFR will refer to “aliens.”
Here, we’ll discuss these changes, and how they might impact “aliens” in Immigration Court.
Cancellation of Removal: An Alternative for Some Asylum Seekers
Asylum seekers and other non-citizens who have been in the United States for 10+ years and who have certain U.S. citizen or Lawful Permanent Resident family members may be eligible for Cancellation of Removal (COR), which allows you to get a Green Card.
Immigration Court Data: More Asylum Decisions, More Asylum Denials
The latest data from our nation’s Immigration Courts reveals that judges are deciding more asylum cases than ever–and that denial rates are increasing.
The most recent numbers are from March 2025, and show that Immigration Judges adjudicated 10,933 asylum applications, which is the most cases ever decided in a single month. Of those, 76% were denied–another record.
Here, we’ll examine the data and see if we can learn more about what’s going on.