Since January 2025, the Trump administration has dramatically restricted access to asylum in the United States making it harder for people fleeing persecution to seek safety.
In this latest edition of HIAS’ Deep Dive series, we explain how the asylum system works, what has changed, and what policies are needed to restore a fair, safe, and efficient process.
Who has the right to seek asylum?
To qualify for asylum, an individual must be physically present in the U.S. and meet the international definition of a refugee. A refugee is someone who cannot safely return to their home country because they have experienced persecution—or fear future persecution—based on their race, religion, nationality, political opinion, or membership in a particular social group. People seeking asylum must also provide evidence supporting their claim.
The United Nations 1951 Refugee Convention and its 1967 Protocol provide the international framework for asylum. The U.S. adopted this framework in the Refugee Act of 1980, which obligates the country to provide access to asylum to individuals fleeing persecution, regardless of their manner of entry to the United States.
Give today
As the world's oldest refugee agency, HIAS will always stand for refugees — no matter who is president. And we will do all we can to support our clients, every day, as we have for more than 120 years. Give with confidence to HIAS.
How has the Trump administration decimated the right to seek asylum in the United States?
On January 20, 2025, President Trump obliterated the historic legal protections and processes afforded to asylum seekers with the swipe of a pen. Policies put in place during Trump’s second term have made it far more difficult for people fleeing persecution to seek protection at the U.S.-Mexico border.
Before these changes, people generally had two ways to seek asylum. Some applied through U.S. Citizenship and Immigration Services (USCIS) while living in the U.S., often after arriving on a visa or through a temporary legal program such as humanitarian parole. Others requested asylum after presenting themselves at a port of entry and entering immigration court proceedings. The Trump administration severely limited these pathways by ending humanitarian parole programs and closing access to asylum at ports of entry.
Today, many people seeking safety at the border are turned away without the opportunity to apply for asylum. The administration has authorized border officials to expel people to Mexico without placing them in immigration proceedings, effectively denying them the chance to have their asylum claims heard. It has also expanded the use of expedited removal, a fast-track deportation process that can result in people being removed from the U.S. after only an initial screening interview. Expedited removal allows Immigration and Customs Enforcement (ICE) to arrange for the immediate deportation of an asylum seeker if they are unable to pass an initial fear screening called a “credible fear interview.”
Additionally, President Trump has ordered military forces to patrol the border, dramatically increased the detention of asylum seekers, and reinstated the “Remain in Mexico” policy although it is not currently being implemented.
HIAS has challenged several of these policies in court. HIAS filed an amicus brief in Mullin v. Al Otro Lado, drawing a connection between the turnback policies used at the border during the Trump and Biden administrations, and the historical case of the M.S. St. Louis, which was turned away from the coast of the U.S. with 900 Jewish refugees aboard during the Holocaust. However, in June 2026, the Supreme Court sided with the Trump administration, allowing the government to continue rebuff asylum seekers at the U.S.-Mexico border.
Most recently, HIAS is fighting an interim final rule from USCIS that would enable the agency to send asylum seekers directly to immigration court without first giving them an interview with an asylum officer.
In less than two years, access to asylum in the U.S. has been dramatically weakened, undermining a longstanding legal and moral commitment to protect people fleeing persecution.
Trump’s Asylum Ban and the U.S.-Mexico Border — What You Need to Know
Read MoreWhat are the historic problems with U.S. asylum and border policy?
A significant problem with U.S. asylum policy is a lack of investment in the timely and fair adjudication of cases. By the end of 2025, there were more than 2.4 million asylum cases pending in U.S. immigration courts. Because of this backlog, asylum seekers often wait several years for a decision in their case. President Trump’s elimination of safe and legal pathways for individuals fleeing persecution, such as humanitarian parole and refugee resettlement, has exacerbated the problem. Moreover, Congress’ failure to pass comprehensive immigration reform for decades has led to an outdated and inefficient policy to address asylum and the border.
The second Trump administration’s policies of mass expulsion of asylum seekers to Mexico are not a solution. They expose vulnerable individuals to targeted and routine violence from organized crime and human smugglers. While in Mexico, asylum seekers lack access to basic social services, safe housing, and legal representation. These policies contravene U.S. and international legal obligations to provide access to asylum.
How can we improve the asylum system and U.S. border policy?
HIAS advocates for comprehensive immigration reform that promotes humane, legal, and common-sense asylum and border policies. Most importantly, the U.S. must protect the basic right to seek asylum. Currently, that right is in extreme jeopardy. In order to improve U.S. asylum and border policy, HIAS recommends:
- Increasing processing capacity at ports of entry so those fleeing aren’t forced to cross between ports of entry;
- Providing prompt work authorization and access to social services for asylum seekers;
- Drastically increasing alternatives to detention, and only using detention sparingly. When detention is used, improving conditions to ensure access to legal counsel, adequate medical care, and basic dignity;
- Increasing staffing of immigration judges and USCIS asylum officers;
- Updating asylum laws to align with international standards of protection;
- Repealing unlawful and dangerous border expulsion policies; and
- Creating additional lawful pathways to the U.S. to reduce pressure of irregular immigration on the border.
HIAS supports an immigration system that protects the right to seek asylum and treats people fleeing persecution with dignity and fairness. Join us in taking action for asylum seekers.
Originally published on January 27, 2025. Updated on August 28, 2026.
Give today
As the world's oldest refugee agency, HIAS will always stand for refugees — no matter who is president. And we will do all we can to support our clients, every day, as we have for more than 120 years. Give with confidence to HIAS.
