How Did Laws Change for Asylum Seekers on January 20, 2025?

The legal and policy changes have caused several challenges and hurdles for people seeking asylum in the US. While these measures strive to increase border security and prevent illegal immigration, they seek to protect human rights violations and enhance the quality of life for people in the country.  If you are seeking asylum or have yet to apply for it, learning about the change in laws is important for your future. Call Kats Immigration Law today to discuss your situation. Alina Kats guides you through every step of the asylum process to protect your rights and maximize your chances of success.

Since President Trump took office, he has signed several executive orders regarding immigration, which has led to changes in the immigration laws. These changes are meant to tighten border security and protect US citizens, redefine asylum procedures, and limit certain immigration benefits, especially for those who may not be eligible for them.

Read on to learn more about the recent reforms in the US asylum policies, how they apply to your situation, and if they may affect your chances of securing your life and future here.

Seeking Asylum in the US? You Need to Know This

If you are in the US and have a pending asylum application with the USCIS, it means your application is still valid, and you have a chance to get the protection you seek.

Even if you have not submitted your asylum application, this does not mean you cannot do it now. If you are eligible, you can still submit your application. However, it is important to know that filing a petition is a complicated process, and its outcome depends on your circumstances and the expertise of your lawyer.

On the other hand, if you have already been granted asylum and your status is valid, you can apply for permanent residence by filling out Form I-485. However, due to recent developments, the government has slowed or in some cases halted the permanent residence applications for asylees. You can apply, but chances are there will be no decision on it.

According to the new policy, people can no longer apply for asylum at the border.

Getting work permits on asylum

• People who have applied for asylum in the US may be eligible to apply for a work permit, also known as an Employment Authorization Document (EAD), while their case is pending.
• If you got a work permit based on your pending asylum application, your work permit is still valid. You can even have your work permit renewed before it expires.
• Even if you applied for asylum but do not have a work permit yet, you can still apply for a work permit 150 days after the authorities receive your asylum application.

Getting a Social Security Number

Immigrants can apply for Social Security numbers in their work permit applications. While in the past, immigrants received their Social Security numbers automatically when their asylum permit was approved, things have changed now. According to the latest immigration news, Social Security numbers are no longer issued automatically to some immigrants. If you received your work permit more than 1 or 2 weeks ago and you have not received your Social Security Card yet, contact local authorities.

The US government has also canceled Social Security numbers for some immigrants who no longer have an immigration status and for asylum seekers. It is essential to consult a lawyer if you believe your Social Security number was canceled.

What Is Happening With Immigration Court Hearings?

Keep checking your case status regularly to find out if there is any new decision or a hearing date. Regardless of the change in policies, your case is still active in the immigration court unless a decision has been reached.

Up till now, most people have attended their hearings without being detained, but there are certain things you need to know:

• Even though it is rare, authorities can detain you at preliminary or master calendar hearings, and your case will continue from detention.
• They can also detain you at the end of the final court hearing if you are denied asylum, even if you appeal.
• The immigration judge can dismiss your case, try to detain you, and put you in a faster deportation process called expedited removal. If you don’t want your case dismissed, tell the judge clearly and inform them if you want to seek asylum or more time to reply.

Not attending your immigration court hearing will result in a deportation order. According to the law, immigration judges have the authority to deny asylum without a final court hearing if they think the case is not strong enough. It is best to seek legal counsel if you do not have it yet.

What Happens to Immigration Court Cases That Were Dismissed?

If you applied for asylum in the past and your case was dismissed, it means your case has ended without a final decision. You will have to decide if you want to continue seeking asylum or not. This is a big decision that depends on your circumstances.

Chances are that even after your immigration course case is dismissed, the government can start another immigration court case against you. Also, if you have been living in the United States for less than 2 years and did not enter with a visa, the government can detain you. You will be put in a faster deportation process instead of an immigration court case.

Temporary Protected Status (TPS) 

• If you have TPS from any other country except Haiti, it is valid until the expiration date. If you have a work permit based on TPS, it is valid.
• If you have a pending TPS application, it is pending till you have received a decision. You can also apply for TPS for the first time if you are eligible. Make sure to check your country’s eligibility criteria before filing an application for TPS on the USCIS website.
• People with TPS can also apply for asylum and other types of immigration status if they are eligible. However, this depends on your specific situation and must be done after careful planning and before the expiration of your TPS.

Parole through CBP One 

• People who come to the US through a CBP One appointment are likely to receive a temporary status, called parole. However, the government is no longer accepting new immigrants who want to come to the U.S. through CBP One and the app is no longer functional. Also, the people with CBP One have received notifications of their parole ending early.
• If your parole ends and you have another pending immigration application, such as asylum, you can continue with it as it remains valid. Even your work permit, which was not based on parole remains valid. If you have a case in immigration court, it is still active till the judge makes a decision.
• If you have parole but do not have another pending immigration application, you should consider applying now if you are eligible for asylum or other types of immigration to prevent deportation. This may not be easy considering your circumstances, and you should seek expert legal guidance.

Parole through CHNV and other country-specific programs 

• People who come through the US through special processes for immigrants from Cuba, Haiti, Nicaragua, Venezuela (CHNV), Ukraine (U4U), Afghanistan (OAW), or El Salvador, Guatemala, Honduras, and Colombia (Family Reunification), are likely to receive a temporary status, called parole.
• The government is no longer accepting new immigrants through parole programs. If you are on CHNV, OAW, U4U, and Family Reunification, it is best to consult an immigration lawyer for updates and to find out what will happen next. While people with valid work permits can continue to work till their expiration dates, chances are that the government is going to end these programs soon, and you must take action to prevent deportation or detention.

Detention, Deportation, and Raids

If you are on asylum or seeking asylum, you need to know that authorities are conducting immigration raids and creating new detention centers. You need to take safety measures before it’s too late. The government is planning to use a faster deportation process called expedited removal for immigrants who have been living in the US for less than two years and did not enter the US with a visa.

Some immigrants have check-ins with ICE, while others do not. These days, more people are detained during ICE check-ins. Talk to a lawyer before going for your next ICE check-in to learn about your legal options and rights.

What to do when going to ICE for check-in:

• If you have a pending immigration application, take copies of documents that show this, such as an asylum application receipt.
• If you have lived in the US for more than 2 years, take copies of documents that prove this, such as pay stubs, utility bills, or home lease or rental documents.
• In case of special circumstances, bring copies of documents such as birth certificates of children born here or medical records about an injury or illness.
• Take a US citizen with you.
• Talk to a lawyer and tell them about your situation and potential detention.

If you are detained at an ICE check-in but are afraid to return to your country or origin, tell the immigration officers that you fear for your life and want to seek asylum. Your immigration attorney can guide you further regarding this.

Special Immigrant Juvenile Status (SIJS)

Pending SIJS applications are processing normally, and you can still apply for SIJS as a new applicant. If you get SIJS, you may also be eligible for a green card and permanent residency, but it may take years before you can receive a green card due to backlogs.

You can also apply for asylum or other types of immigration status at the same time as you apply for SIJS. However, this is a complicated decision that depends on your situation, and you must seek legal advice before moving forward.

Birthright Citizenship

An executive order was signed on January 20, 2025, which tried to restrict birthright citizenship. ASAP members filed a lawsuit against it, calling it illegal, and on February 5, 2025, they won the case. A judge issued a primary injunction to block the Birthright Citizenship Executive Order from going into effect. Children born in the United States will continue to be recognized as US citizens.

Taxes

The department of the federal government that collects taxes is called the Internal Revenue Service (IRS). While in the past, the IRS did not share information with immigration agencies, it is now sharing addresses and other personal information with immigration agencies in particular circumstances.

When you apply for asylum or work permits, you will have to provide your personal information to immigration agencies.

Traveling outside the United States

The US government has canceled visas for all people from several countries, and reports are that more people from other countries will be stopped from entering the US, even if they have a valid visa.
According to the news, there will be three different categories of travel restrictions. However, the final list of countries whose citizens will not be able to visit the US has not been announced yet. You must check the USCIS website if you intend to travel to the US in the future before making any plans.

Recent changes in the US immigration laws have made the process of seeking asylum more complex and time-sensitive than ever. Knowing how the new policies may impact your case can help you prepare better and find the best immigration attorney to ensure fair treatment and due process. Alina Kats is a knowledgeable and experienced immigration lawyer. She keeps you informed about the changing rules and policies, builds a legally strong case, and represents you successfully before USCIS or immigration court, which can get you a chance to live safely in the United States.