ALERT: Trump Threatens to Dismiss Hundreds of Thousands of Asylum Cases

DHS sent a letter to AILA with legal arguments regarding migrant asylum. The document warns about a possible increase in the rejection of pending cases. Immigration lawyers question several of the arguments presented.

What does the DHS document sent to AILA say?

The report, signed by James H. Percival, general legal counsel of DHS, responds to concerns raised following the «zero tolerance» policy. That policy was implemented again as of January 20, 2025.

It was first applied during Trump’s first term, between 2017 and 2021. Those measures were eliminated during Joe Biden’s presidency.

According to the document, the policy affects millions of asylum applicants, both affirmative and defensive.

Why does DHS consider asylum a «discretionary» benefit?

According to the document, asylum «is a discretionary benefit.» This means the government is not obligated to grant it, even if the person meets the legal requirements.

Therefore, under that interpretation, meeting eligibility criteria does not automatically guarantee approval. This is one of the points most questioned by lawyers consulted by N+ Univision.

How large is the backlog in immigration courts?

According to the report, as of July 2026 there were nearly 3.5 million cases pending. Of those, 2.3 million corresponded to defensive asylum applications before courts.

The document describes this backlog as unfair for both the applicant and the government. Furthermore, it argues that many unfounded applications would only delay an inevitable decision.

However, the document does not explain with evidence how it reached that conclusion. Nor does it detail why the Immigration Court did not resolve this case accumulation earlier.

What is needed to qualify for asylum, according to DHS?

According to the document, asylum protects people who fled persecution by the government for specific reasons. These include race, religion, nationality, social group, or political opinion.

The applicant must demonstrate a well-founded fear of persecution if they return to their country. That fear, according to DHS, must be genuine, reasonable, and based on specific evidence.

Additionally, the document clarifies that persecution is an extreme concept. Under that interpretation, it does not include economic hardship, personal disputes, or general social unrest.

What is the «internal relocation» criterion that DHS questions?

The document suggests that if a person can relocate within their own country, their asylum application would not be valid. According to DHS, many applications do not consider that available alternative.

Ezequiel Hernández, an immigration lawyer in Phoenix, commented on this point in statements to N+ Univision. According to him, this argument was already used before when someone crossed third countries before arriving in the U.S.

According to Hernández, the government «is building arguments about what asylum is to dismiss many cases.» He considered that approach to pending applications concerning.

Why does DHS mention Chicago in its analysis?

The document explains that in certain cases, actions by private actors can be attributed to the State. This occurs when that country’s government cannot or will not control them.

However, DHS warned that this requires proving an extraordinary situation. As an example, it mentioned that residents of cities with crime, like Chicago, could claim the same easily.

That mention drew attention, since the pending asylum cases correspond to people from other countries. Therefore, the comparison with an American city raised questions among the consulted lawyers.

Do domestic violence and gang violence qualify for asylum?

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