The United States has a long history of granting asylum to foreigners seeking protection from unjust persecution. In 1903, a plaque bearing a sonnet by Emma Lazarus was mounted on the pedestal of the Statue of Liberty in New York City, reaffirming the noble offer of asylum and refuge with the phrase “Give me your tired, your poor, your huddled masses yearning to breathe free.” In December 2025, the second Trump administration wrote a different chapter of this history by suspending all asylum claims. In late March 2026, U.S. Citizenship and Immigration Services (USCIS) announced it would resume processing asylum applications filed by foreigners from “non-high-risk” countries. However, the agency didn’t provide adequate guidance. In other words, the full legal status of the program was still uncertain in April, even with a caseload of 1.5 million pending applications.
What Are the Legal Rights of Asylum Seekers and Refugees?
Despite the Trump executive orders and the White House rhetoric on immigration, the Immigration and Nationality Act (INA) hasn’t been amended by Congress. This means noncitizens in the U.S. or arriving at the border still have the right to apply for asylum or refuge. The Constitution also grants everyone the right to a court hearing under the Due Process Clause, so foreigners can still retain immigration law firms to represent them in federal court.
How Does the Application Process Flow?
USCIS Form I-589 must be filed within one year of arrival. Applicants must arrange for a biometrics appointment for a background check and the “enhanced vetting” process of the Trump administration, which bars applicants from 39 “high-risk” countries. After an interview, USCIS adjudicators can issue three decisions: approval, rejection, or referral to an immigration judge.
What Are Key Considerations for Asylum Seekers and Refugees?
Compliance with application deadlines and awareness of the vetting procedures under the Trump administration are crucial considerations. For this reason, legal representation is more important than ever for applicants. If you’re unsure where to begin, working with the best San Diego immigration lawyer available to you can make a critical difference in the outcome of your asylum case, particularly given the evolving legal landscape.
What Are Affirmative and Defensive Asylum Applications?
First-time asylum seekers file affirmative applications. Foreigners who are in removal proceedings can also file Form I-589 to raise a defense against deportation, thus changing the character of their applications. Defensive asylum applications are typically filed after being detained or when initial applications are referred to immigration court.
Navigating the asylum and refugee process has never been more complex, especially with ongoing policy shifts under the current administration. The immigration attorneys San Diego residents at KS Visa Law trust are here to guide you every step of the way while representing you in immigration court. Contact us today for a consultation.
Frequently Asked Questions
Should I apply for asylum now?
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You should apply if you’re eligible. As long as the INA allows asylum applications, USCIS must accept them and review them. Filing now preserves your legal rights.
Can I still apply if I was turned back at the border? +
The U.S. Supreme Court has been hearing arguments against the “turn-back” policy, which contravenes federal law and constitutional rights. If you entered the U.S. after being turned back, you can still file affirmatively before the application process turns defensive.
Should I wait to apply for asylum or refuge? +
If you’re facing intense persecution that forces you to leave your country, you shouldn’t risk waiting for Trump’s executive orders to be stricken as unlawful. Remember you have one year to apply from the day you arrive.
What’s the current backlog of USCIS asylum applications? +
According to legal analysts, the 1.5 million applications pending USCIS review will likely slow the process down by a few years, thus requiring many applicants to file for work permits every six months.
