A recent decision by the United States government to pause all affirmative asylum decisions has left approximately 250,000 immigrants in a legal limbo, according to an immigration attorney.
In an exclusive interview with Noticias Telemundo, attorney Kathia Quirós clarified that this decision does not signify a complete shutdown of the asylum system. Instead, she emphasized the importance of cautiously continuing with existing cases and not abandoning them.
Quirós elaborated that the memorandum issued by the head of the Immigration Office targets officers handling affirmative asylum applications. These applications are those where immigrants directly apply to the U.S. Citizenship and Immigration Services (USCIS) for asylum after entering the country, whether legally or undocumented.
She pointed out that this announcement does not affect defensive asylum cases, which are presented before immigration courts and will proceed as usual for the time being.
Understanding the Implications for Pending Cases
For individuals with pending affirmative asylum cases who might be detained by immigration agents, Quirós described two possible scenarios. They could either be released while awaiting a decision or placed in deportation proceedings, where they would need to request bail to continue their case from home.
Quirós stressed the necessity for immigrants to be aware of these possibilities and seek legal advice if detained.
The Long Wait for Asylum Interviews
Quirós highlighted that thousands of people have been waiting for six to ten years for an asylum interview. According to the memorandum, while interviews will continue, no final decisions will be made, leaving applicants in indefinite limbo until the government alters its stance.
When asked about those with approved asylums, Quirós mentioned that the President has ordered a review of all granted asylum cases and the permanent residencies obtained through them. However, she noted that details of this review process are still unknown, and the current memorandum only halts future asylum decisions without reversing past ones.
Impact on Hundreds of Thousands of Asylum Seekers
Regarding the breadth of this measure, Quirós stated that while there are millions of asylum seekers, not all are under USCIS jurisdiction. A significant portion of cases is managed in immigration courts, which are not included in this pause.
The suspension specifically affects between 230,000 and 250,000 affirmative asylum cases within the Immigration Office, according to estimates.
Quirós urged migrants to stay informed, continue attending interviews, and seek specialized legal counsel, especially if detained or receiving new notifications about their cases.
Backdrop of the Asylum Suspension
The U.S. government abruptly halted all asylum-related decisions following an attack near the White House, where an Afghan citizen shot two National Guard members, killing a 20-year-old soldier and severely injuring another.
The administration confirmed that this measure will remain in place until it is ensured that all foreign nationals are vetted and screened “to the fullest extent possible.”
The suspension occurs amidst President Trump's harshening immigration rhetoric. In a lengthy Truth Social post during Thanksgiving, he announced a permanent suspension of migration from all Third World countries, labeling the current situation a “destructive invasion.”
FAQs on U.S. Asylum Suspension
How many asylum cases are affected by the U.S. decision?
Between 230,000 and 250,000 affirmative asylum cases are directly impacted by the suspension.
Does the suspension affect all asylum cases?
No, the suspension only affects affirmative asylum cases under USCIS. Defensive asylum cases in immigration courts are not impacted.
What should immigrants with pending cases do?
Immigrants should remain informed, continue with their cases, attend interviews, and seek legal advice, especially if detained.