Embedded Files
Affirmative Asylum: This process is for individuals who are physically present in the U.S. and are not currently in removal (deportation) proceedings. They proactively apply for asylum with U.S. Citizenship and Immigration Services (USCIS). If USCIS does not grant asylum, and the applicant is not in a lawful immigration status, their case is typically referred to an immigration judge for defensive asylum proceedings.
Defensive Asylum: This path is for individuals who are already in removal proceedings before an immigration judge. They apply for asylum as a defense against deportation, arguing that they would face persecution if returned to their country of origin. This often occurs after an individual has been apprehended at the border or has overstayed a visa.
Current Policy (as of mid-2025)
One-Year Filing Deadline: Generally, asylum applications must be filed within one year of the applicant's last arrival in the U.S., though exceptions exist for changed circumstances or extraordinary situations.
Credible Fear Screenings: Individuals apprehended at the border who express a fear of persecution are typically put through a "credible fear" screening process by USCIS. A positive credible fear finding can lead to an Asylum Merits Interview with USCIS or referral to defensive asylum proceedings before an immigration judge.
Border Policies: Recent policies, such as the Dignity Act of 2025, aim to reform the asylum system, including proposals for humanitarian campuses at the border to expedite asylum determinations within 60 days for most border-crossing asylum seekers. There is also a push to prevent the release of most individuals from custody while their claims are pending.
Increased Scrutiny and Fees: There are new fees for submitting an asylum application and for applying for work permits based on pending asylum cases. Immigration judges also have more discretion to dismiss cases they deem not strong enough without a final hearing.
Legal Representation: While individuals have the right to legal representation in both affirmative and defensive asylum cases, the U.S. government does not provide attorneys, meaning applicants must secure their own.
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