U.S. Asylum Program Undercut as Grants Hit Two-Decade Low
The Trump administration has systematically undercut the U.S. asylum program through a series of coordinated policy changes, driving approval rates to their lowest point in at least two decades, according to an NPR analysis. The latest change, announced July 27, allows asylum officers to refer applications directly to immigration judges without conducting interviews, effectively bypassing the first layer of review for hundreds of thousands of applicants.
Asylum provides protection for individuals already in the U.S. who can prove a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The system operates through two paths: “affirmative” applications filed with U.S. Citizenship and Immigration Services, and “defensive” applications heard in immigration court. By shifting more cases directly to judges — where denial rates are significantly higher — the administration is reshaping the fundamental architecture of asylum.
A Multi-Pronged Campaign
The new USCIS rule is just one front in what advocates describe as a coordinated assault on asylum. Over the past 18 months, the administration has taken concurrent actions across multiple agencies:
Immigration Courts Reshaped: The administration has terminated over 170 immigration judges, leaving the U.S. with roughly a quarter fewer judges than a year ago. The Board of Immigration Appeals, the appellate body for immigration cases, is now composed almost entirely of Trump appointees and has issued a record number of precedent-setting decisions that narrow the interpretation of asylum law.
Congressional Action: A Republican-backed bill passed in summer 2025 imposed the first-ever fees for asylum applications and work authorization permits, along with annual fees for each year an application remains pending. The legislation also stripped asylum applicants of eligibility for SNAP food assistance and healthcare programs.
Work Permit Restrictions: The Department of Homeland Security has proposed extending the work permit waiting period from five months to a full year. Advocates warn this could affect over 2 million people already in the labor force, leaving asylum seekers unable to support themselves while their cases languish.
Border Closure: In January 2025, President Trump declared a national emergency at the southern border and shut down the CBP One app, which migrants had used to schedule asylum appointments. The Supreme Court upheld the administration’s metering policy in June, allowing border agents to turn away asylum seekers before they can physically enter the U.S.
Temporary Protected Status Ending: Hundreds of thousands of TPS holders are losing their legal status, with many now seeking asylum as a last resort — only to encounter a system designed to reject them.
‘A War on Asylum’
Immigration attorneys and advocates describe the cumulative effect of these policies as unprecedented in scale.
“It’s almost like a war on asylum,” Ruby Powers, an immigration attorney in Texas, told NPR. She said her office has received approvals from the asylum office this year that she could “count on one hand” despite filing hundreds of applications.
Matt Joseph, a former DHS asylum officer who now works at the Center for Gender and Refugee Studies, said the administration’s approach goes beyond what past presidents have attempted. “What you’re really seeing is a concerted attack on asylum from all fronts by the administration,” Joseph told NPR. “They’re really trying to keep people out of the asylum process to begin with.”
The administration defends its actions as necessary reforms. In a press release from April, the White House stated: “President Trump took decisive action, replacing activist judges — who slow-walked deportations and granted asylum at sky-high rates — with professionals committed to enforcing the law, not undermining it.”
USCIS Director Joseph Edlow defended the latest rule change, saying in a statement: “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection.”
A System Under Strain
The numbers paint a stark picture. According to data from Mobile Pathways analyzed by NPR, asylum approval rates in immigration courts are at their lowest in two decades. More than 1 million asylum applications are pending at USCIS, with another 2.4 million awaiting decisions in immigration courts.
Critics argue that the new rule, rather than reducing the backlog, will simply shift the bottleneck from USCIS to already overwhelmed immigration courts. At a detention facility in Miramar, Florida, attorney Lourna Rosembert-Joseph told Local 10 News that the system lacks the capacity to absorb the influx of cases. “So it’s going to be a mess is what it’s going to do,” she said.
Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project, warned that stripping asylum seekers of the ability to work and support themselves will not deter them from seeking protection. “Asylum seekers don’t have a choice. If they’re safe here, they’re likely going to stay here rather than risk their lives,” she told NPR.
What’s Next
The cumulative effect of these policies could leave hundreds of thousands of individuals without legal status while overwhelming immigration courts even further. The new USCIS rule took effect immediately upon publication, though the agency will accept public comments before issuing a final version. With the administration signaling further restrictions and legal challenges from advocacy groups already mounting, the asylum system faces an uncertain future — one that advocates warn may leave the most vulnerable without any viable path to protection.