Understanding Trump's asylum 'pause' - and what it doesn't

Following last weeks attack on two National Guard members in Washington, President Donald Trump has announced a temporary halt on asylum applications. The individual involved in the shooting, 29-year-old Rahmanullah Lakanwal from Afghanistan, had assisted U.S. forces during the two-decade conflict and was admitted into the U.S. in 2021. He had been granted asylum earlier this year by U.S. Citizenship and Immigration Services (USCIS).

The duration of this asylum suspension remains uncertain. Trump informed reporters that the order has no time limit, but it could be a long time. However, the practical implications of this pause are still unclear.

Scope of the Asylum Pause

Contrary to initial statements, the halt does not affect the majority of asylum cases. While the administration claims it is pausing all asylum decisions, the measure actually impacts fewer than half of pending claims. Asylum provides legal protection to foreign nationals facing persecution if returned to their home countries. Individuals arriving with valid visas typically begin the process through USCIS, while others start through interactions with immigration enforcement and subsequent court hearings.

The current suspension applies mainly to the approximately 1.5 million cases awaiting USCIS decisions. It does not appear to extend to the roughly 2.4 million cases pending in immigration courts. Both the Department of Homeland Security and the Executive Office for Immigration Review have not provided clarification on the matter.

A Shift in Approach

This move represents a reversal of Trumps prior asylum policy. Previously, his administration accelerated asylum case processing. According to USCISs latest quarterly data, 135,091 cases were completed, nearly five times the number cleared during the same period under President Biden. Denials also increased sixfold to 6,850, and the pending case backlog, which had grown to 1.5 million since 2021, had started to shrink slightly.

Legal and Practical Implications

The temporary halt may not have a lasting effect. Preventing USCIS from processing asylum claims indefinitely is legally difficult and could face immediate court challenges. The administration is already dealing with federal lawsuits concerning other immigration policy changes. Julia Gelatt, an analyst at the nonpartisan Migration Policy Institute, noted that if the asylum pause lasts more than a couple of weeks, a lawsuit is almost certain.

However, the pause could be intended as a period to review procedures or explore alternative law enforcement options. Currently, the administration has issued broad statements without providing specific policy details, which may emerge in the coming days or weeks.

Author: Chloe Ramirez