Those who have an ongoing asylum process have certain legal protections, including the possibility of appealing in case of negative.
However, as of January 17, a new standard grants USCIS officers, greater power to determine the eligibility of applicants, which generates a lot of uncertainty among immigrants.
The Office of Customs and Border Protection (CBP) records more than 10 million meetings of undocumented migrants during the four years of the administration of Biden and Harris, an unprecedented figure. Another two million managed to evade border controls and the authorities do not know the whereabouts of those illegal immigrants.
The majority of the people who entered requested political asylum, the tool that opened the doors to enter even if they do not meet the requirements to be asylum applicant. Those migrants who managed to enter the US after crossing the border, must demonstrate in the immigration courts that have suffered persecution for their race, religion, nationality, belonging to a specific social group or political opinion.
What changes with new asylum restrictions?
Recent modifications introduce substantial changes in the process.
Extended authority for immigration officers: The decisions about eligibility, which previously corresponded to immigration judges, now fall on the officers during the initial interviews. This measure, part of the new asylum restrictions in the United States, seeks to expedite processes due to the clicking of cases in the Courts, whose figure about four million cases. However, the measure could represent certain limitations for applicants.
Accelerated expulsions: Applicants who fail to demonstrate a credible fear of persecution will face immediate deportations, without the opportunity to appeal to a judge.
Restrictions for criminal records: People with criminal records will have greater difficulties in obtaining asylum under the new measures in the United States, even if their crimes are minor.
Daily limits in processing: The number of processed applications has been progressively reduced. In 2024, the daily stop went from 2,500 to 1,500, leaving many applicants outside the system.
Emphasis on national security: According to the Department of National Security (DHS), the new asylum restrictions in the United States seek to strengthen public safety and prevent threats before they enter the country
Applicants must demonstrate a credible fear
- Race: Discrimination or violence aimed at a specific racial group.
- Religion: Persecution for practicing or not practicing a religion.
- Nationality: Harassment or discrimination for belonging to a national group.
- Political opinion: Repliation for expressing ideas contrary to the regime.
Applicants must submit solid evidence of their casesuch as documents, testimonies or reports that support your statements. Under the new asylum restrictions in the United States, sufficient lack of documentation could result in an immediate denial when he conducts the “credible fear” interview.
Stuck cases
Almost four million backward cases are in the Cortes. At the end of December 2024, of the total of 3,747., 675 “stuck” cases “1,815,805 immigrants had submitted formal asylum requests and are now waiting for asylum audiences or decisions in the Immigration Court, according to the Information Center and Record Access Transactional (trac) of the University of Syracuse, in New York.
Of that total 567,226 cases are in Florida, of which 374,168 is registered in Miami, 233,513 in Orlando and Miami Krome with 948 cases.
It is followed by Texas with, 490,004, California 405,230, New York with 374,168, Illinois with and 282,341 New Jersey 222,931 accumulated cases.
In the cases of Miami, Cubans accumulate 108,878 files, second -place Haitians with 58,317, Venezuelans follow with 37,898 procedures, Nicaraguans with 31,124 and Guatemalans with 21,283 “stuck” applications.
So far this fiscal year 2025 (until December 2024), Mexico’s immigrants lead the list of nationalities with the greatest number of people ordered for deportation.
Trump administration addresses delays in cuts
Las Américas Diario He consulted lawyer María Herrera Mellado, an immigration expert on the measures of the United States government to reduce cases stuck in court
Is any measure of the Trump administration known to reduce stagnant cases in court?
The Trump Administration has implemented several measures to address the delay in immigration cases, including the extension of detention priorities to cover anyone without adequate documentation, not only those with criminal sentences or considered security threats. In addition, collaboration between federal agencies has increased, such as the United States Federal Investigation Bureau (FBI), the Drug Control Administration (DEA) and the Customs Office and Border Protection, to reinforce the operations of the US immigration and customs control (ICE). These actions seek to accelerate legal procedures and organize deportations more efficiently.
Are there harder policies for asylum application, which could give deportations more expeditious?
Yes, the Trump administration has adopted stricter policies in relation to asylum applications. The policy of “remaining in Mexico” has been reinstated, which requires that asylum seekers wait in the neighboring country for their appointments to appear before the US migratory courts. In addition, measures such as the use of internal tax service agents (IRS) for immigration -related tasks are being considered, reflecting a more aggressive approach in the application of immigration laws. These policies aim to accelerate deportation processes for those who do not qualify for asylum under the new criteria, the expert said.
Deported nationality and pending cases
- Mexico 18,628
- Honduras 14,115
- Guatemala 14,041
- Nicaragua 6,150
- Colombia 5,774
Miami-Dade County, FL, has the largest number of residents with PENDING DEPORT CASES before the Immigration Court (at the end of December 2024).
- Miami-Dade County, FL: 160,244
- Los Angeles County, CA: 115,471
- Cook County, IL: 113,225
- Queens County, NY: 109,986
- Dallas County, Tx: 89,501
Only 16.8% of immigrants, including unaccompanied children, had a lawyer That he helped them in the cases of the Immigration Court when an expulsion order was issued in December 2024, said the trac.
Of the 65,731 deportation cases of the Immigration Court Completed in December 2024, immigration judges issued 24,210 expulsion orders and gave voluntary exit to 784 additional immigrants, which means that deportation was ordered in 38 % of cases.
Given this reality many migrants They are choosing to request asylum in Mexico. In January they almost quadrupled compared to the monthly average of the previous year, although the Mexico refugee agency has not yet published figures of this month.
In the agreements with the US, the Aztec country accepts that people from other nationalities reach their territory on deportation flights.
