Asylum and Refugee Admissions in 2025: What’s Changing for Those Seeking Protection in the U.S.
Espinoza Law Offices understands that the United States has a long history of welcoming those seeking asylum and refuge from persecution. Asylum is a legal status granted to individuals who are unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Refugee status is a designation given to individuals who have fled their home country due to war, violence, or persecution and are unable to return safely. Refugees are typically referred to the United States by the United Nations High Commissioner for Refugees (UNHCR). The landscape of asylum and refugee admissions in the United States is constantly evolving. Here’s a look at some of the key changes that may impact individuals seeking protection in 2025:
Overview of Recent Changes
As of August 14, 2024, asylum officials now factor in all available testimony, supporting documents, and reliable evidence during Threshold Screening Interviews (TSIs) when evaluating whether an individual qualifies for an exception to the U.S.-Canada Third Country Agreement (STCA).
Even if documentation is limited, applicants can still show that they meet an exemption by presenting credible statements. Additionally, the Department of Homeland Security (DHS) mandates at least four hours of consultation between 7 AM and 7 PM local time for individuals waiting for their TSI interview.
Effects of the Circumvention of Lawful Pathways Rule
Ongoing litigation allowed USCIS to continue the Circumvention of Lawful Pathways (CLP) rule. Under CLP, certain people entering through the southern land border or adjacent coastal regions are presumed ineligible for asylum unless they overcome that presumption or qualify for an exception. U.S. authorities encourage those seeking protection to use lawful avenues to enter, rather than crossing irregularly.
Filing After Removal Proceedings Are Dismissed or Terminated
If the Executive Office for Immigration Review (EOIR) has dismissed or ended an individual’s removal proceedings, that person may file a new Form I-589, Application for Asylum and for Withholding of Removal, directly with USCIS. Guidelines for employment authorization in these scenarios appear on the Form I-765 webpage.
Who May Qualify for Asylum
Applicants must be physically present in the U.S. and demonstrate fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. People typically must file for asylum within one year of arrival. When submitting a Form I-589, eligible children under 21 and spouses can be listed as dependents on the main application.
Affirmative vs. Defensive Asylum
Affirmative asylum is submitted voluntarily with USCIS by individuals who are not currently in removal proceedings. In contrast, defensive asylum is presented to an Immigration Court when the person is already facing removal, providing them with an opportunity to seek protection as part of their defense in those proceedings.
Certain affirmative asylum applicants may submit Form I-589 electronically. However, this online route is not open to those in Immigration Court proceedings, unaccompanied minors in removal proceedings, or individuals mandated to file by mail at the Asylum Vetting Center.
Employment Authorization
Individuals with a pending asylum application can apply for an Employment Authorization Document (EAD) 150 days after filing Form I-589, though they cannot receive the EAD until their case has been pending for at least 180 days. If asylum is approved, the person is automatically authorized to work. If asylum is denied by an asylum officer and referred to Immigration Court, the EAD remains valid until its expiration date, unless the Immigration Judge also issues a final denial and there is no appeal pending.
Family Petitions and Green Card Eligibility
Individuals granted asylum can petition for a spouse and minor children using Form I-730 at no cost, typically within two years of receiving asylum status. Moreover, asylees may apply for a Green Card after one year by submitting Form I-485.
Where to Turn for Help
Legal guidance is crucial for completing asylum forms, gathering evidence, and addressing court requirements. At Espinoza Law Offices, clients can speak with skilled immigration lawyers in Lakeland, FL who can clarify specific procedures and timelines. Our immigration attorney handles employment-based concerns and supports those with family-related issues. Virtual services are also available from an online immigration lawyer in-person visits are difficult. Contact us today.