Migrants believed they were abiding by the rules, but some are now instructed to begin anew in their asylum applications process
In a move that has left many immigrants in limbo, the Trump administration has been dismissing asylum applications due to a lack of the mandated "credible fear" interview at the border [1][2]. This interview is an essential first step for asylum claims, designed to screen whether an individual has a legitimate fear of persecution if returned to their home country [1].
The administration's decision stems from insufficient staffing of asylum officers, a problem exacerbated by the surge in border crossings starting around 2019 and continuing through the COVID-19 pandemic period [1][2]. As a result, many asylum seekers have been waiting years without the required initial interview, and now their cases are being dismissed, forcing them to essentially restart the process [1][2].
This policy is part of a broader effort by the Trump administration to restrict asylum protections. Other measures include raising procedural barriers, increasing application fees, and intensifying scrutiny of existing claims [1][2][3]. These dismissals impact those who have been waiting for years, erasing their previous filings and jeopardizing their legal status, exposing them to the risks of detention and deportation amid heightened immigration enforcement [1][2][3].
Attorney Maria Florencia Garcia represents one such client who entered through the southern border and was originally put into expedited removal but was released into the U.S. before receiving the credible fear interview. The client later applied for asylum after receiving the cancellation notice, but the application was later dismissed [4].
The client may face detention if they report to ICE to schedule their credible fear interview or to express fear of return. The interview is conducted by an asylum officer once someone has been detained or has arrived in the United States [4]. If upon reviewing an application, USCIS discovers that ICE or Customs and Border Protection designated a person as in "expedited removal," USCIS administratively closes the application due to a lack of jurisdiction [4].
Immigration lawyers are warning that immigrants are facing the consequences of the shortage of asylum officers. Dozens of immigrants across the U.S. have received letters notifying them that their asylum cases have been dismissed by USCIS [2]. Some, like Attorney Arno Lemus, have clients who have been waiting for upwards of six years for their asylum cases to be reviewed [5].
Lemus believes that the Trump administration's efforts to dismiss asylum applications primarily involve those who came to the U.S. during the Biden years [5]. However, the dismissals date as far back as 2019 [1]. The letters sent to immigrants are not always clear on next steps, causing further confusion and anxiety [2].
Asylum is a form of protection granted to those who either have already entered the U.S. or are at a port of entry, having left their home country [6]. After an application is filed, applicants receive work permits, pay taxes, and can enroll in school [4]. The dismissal of an application can lead to significant consequences, such as the inability to work and renew employment authorization cards [4].
The Trump administration's new policy requires immigrants who entered the country illegally to be put in detention without an opportunity for release while they fight their cases [1]. This policy, coupled with the dismissal of asylum applications, has created a challenging and uncertain environment for many immigrants in the U.S.
- Some immigrants, represented by attorneys like Maria Florencia Garcia and Arno Lemus, have encountered issues with asylum applications due to the Trump administration's focus on ESG factors, where ESG stands for Environmental, Social, and Governance, and its impact on decisions regarding tax payments, credit, and risk management within immigration policies.
- In the broader political landscape, these policies are seen as a part of the administration's strategy to influence general news and public opinion, with the aim of tightening asylum restrictions further by raising application fees, intensifying scrutiny, and dismissing applications that have been waiting for years, thereby jeopardizing the legal status of asylum seekers.
- The effects of these policies on investments in the immigrant community can be significant, as dismissed asylum applications can lead to the inability to work, pay taxes, and access education, ultimately impacting the economic and social stability of these individuals.
