Asylum on Hold: Guide to the Nationwide Suspension of Asylum Decisions & What That Means for Applicants
Breaking news: The federal government has announced a nationwide freeze on issuing asylum decisions after the fatal shooting of two U.S. National Guardsmen, one of whom died, allegedly committed by an Afghan immigrant who recently obtained asylum through USCIS.
This guide explains what the asylum suspension 2025 means, who is affected, and what asylum-seekers must do now to protect their rights, work authorization, and future status.
Quick Answer (2–3 Minutes)
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The federal government has paused all pending asylum decisions until a formal review of security procedures is completed.
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Applications are still being accepted, biometrics continue, and asylum interviews may still be scheduled, but no final approvals will be issued.
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This pause does not end asylum, but extends timelines for decisions, work authorization, and family reunification.
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Time-sensitive asylum deadlines such as the one-year filing deadline still apply, regardless of the freeze.
How We Got Here: The Incident Behind the Asylum Suspension in 2025
The Event
According to multiple reports, an Afghan immigrant who had recently received asylum through USCIS shot two active-duty National Guardsmen, killing one. Media coverage includes sources such as:
The Announcement
Shortly after, President Trump stated publicly that “all pending asylum cases are on hold” pending a full internal security review of USCIS and DHS vetting procedures.
Coverage appeared in:
Bottom line:
The pause is national, applies to both affirmative and defensive asylum, and there is no published end date.
Who Is Affected
✔️ Affirmative Asylum
Filed with USCIS using Form I-589
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Interviews may still occur.
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No final grant approvals until suspension lifted.
✔️ Defensive Asylum
Filed in immigration court (EOIR)
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Hearings continue.
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Judges may reserve decisions rather than issue grants.
✔️ Border / Credible Fear Applications
Filed under expedited removal
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Credible fear interviews continue, but asylum conversion to “full grant” likely delayed.
✔️ Asylum Derivatives (Family Members)
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No derivative grants under INA § 208(b)(3) until the freeze ends.
✔️ Work Authorization Applicants
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EAD applications based on pending asylum can still be granted at the 150/180 day asylum “clock” mark.
What Does “Suspending Asylum Decisions” Actually Mean?
This is critical:
The freeze applies to final adjudication, not processing as a whole.
According to history of similar pauses (e.g., 2018 “extreme vetting review”):
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Filing is still available
👉 see USCIS I-589 Filing Instructions -
Biometrics are still required
👉 see USCIS Biometrics Overview -
EAD clock continues
👉 see USCIS Asylum EAD Eligibility -
Interviews may still be scheduled
👉 see USCIS Asylum Division Updates
The government is reviewing vetting protocols, not canceling asylum as a legal framework.
Deadlines That Still Matter
1. One-Year Deadline to File Asylum
Under INA § 208(a)(2)(B)
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Still enforced
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Missing it can permanently bar asylum eligibility
2. Asylum Clock for Work Authorization
150/180-day rule stays in effect:
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Apply using Form I-765
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Use category c)(8) for asylum pending EAD
3. Master Calendar & Merits Hearings
Immigration judges still control calendars, even if decisions are delayed.
4. Evidence and REAL ID Act Rules
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Corroborating evidence required
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Country condition documentation still critical
👉 see EOIR Policy Manual
The freeze stops decisions — not preparation.
Data Snapshot: How Many People Does This Impact?
Use most recent available data:
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1,080,000+ pending asylum cases in the U.S.
👉 TRAC Immigration Data -
380,000+ affirmative cases at USCIS
👉 DHS Annual Flow Report -
700,000+ defensive cases in EOIR courts
Top countries represented in pending asylum:
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Venezuela
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Guatemala
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Honduras
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Cuba
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Afghanistan
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China
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India
Pending wait times (pre-freeze):
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32–60 months USCIS
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2–7 years immigration court
The nationwide pause adds unknown months or years to these timelines.
Does the President Have Legal Authority to Pause Asylum?
Legal Basis Claimed
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8 U.S.C. § 1182(f) (power to suspend entry of foreign nationals)
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8 U.S.C. § 215(a) (control over movement of immigrants)
Limitations
Asylum is guaranteed by statute:
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INA § 208 — asylum eligibility
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Refugee Act of 1980
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United Nations Protocol
Relevant Case Law
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East Bay Sanctuary Covenant v. Trump
Multiple injunctions limiting blanket asylum bans.
Expected Litigation
Groups likely to sue include:
Bottom line:
The President can slow asylum but not abolish or categorically freeze it indefinitely without court intervention.
Rights You Still Have
Even during a freeze, asylum seekers:
✔️ Can file Form I-589
✔️ Can request EAD after 150/180 days
✔️ Can retain legal counsel
✔️ Can submit evidence packets
✔️ Cannot be deported while asylum claim pending (except in limited statutory removals)
You still have due process rights under federal law.
Practical Strategies for Applicants (Action Steps)
1. File Early
This is the #1 recommendation from immigration lawyers:
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Filing locks in legal rights
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Stops unlawful presence consequences
2. Prepare Evidence Now
Gather:
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Personal declarations
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Affidavits
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Country reports
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Medical records
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Police certifications
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Expert testimony
3. Track the Asylum Clock
Use online calculators through:
4. Get Legal Representation
Professionals can:
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Request expedited proceedings
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Seek mandamus lawsuits if EAD delayed
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File administrative motions
FAQ — 25 Questions & Answers
1. Can I still file asylum during the freeze?
Yes. Filing is not blocked.
2. Will USCIS still take biometrics?
Yes. Biometrics appointments continue.
3. Will asylum interviews be canceled?
Not necessarily — interviews may continue, but no final approvals will be issued.
4. Do I still need to meet the one-year deadline?
Yes. Missing the deadline is catastrophic.
5. Can immigration judges still deny cases?
Yes. Only approvals are paused.
6. Can I still get a work permit (EAD)?
Yes. Asylum EAD eligibility is based on pending status.
7. Will my asylum clock stop?
Only if you cause delay — get counsel to avoid this.
8. Can ICE deport me while my asylum is pending?
Generally no, unless statutory bars apply.
9. Does withholding of removal or CAT get paused too?
Unclear — but most final grants may be delayed.
10. Can I file for asylum for my spouse and kids?
Yes, but derivative approval will be delayed.
11. Can I still travel internationally?
No — never travel when asylum pending without legal advice.
12. How long will the freeze last?
No end date announced.
13. Will there be lawsuits?
Almost certainly — by ACLU, AILA, and state AGs.
14. Can I change venue to speed my case up?
Possibly — depends on judge and DHS counsel.
15. Can I get humanitarian parole for family while asylum is pending?
Case-specific — ask an attorney.
16. Can I apply for advance parole?
Highly risky — consult counsel.
17. Can I still join TPS if eligible?
Yes — asylum freeze does not affect TPS programs.
18. Will rescheduling my interview hurt my case?
Could stop your asylum clock — get legal advice.
19. Can I move while my asylum is pending?
Yes, but file AR-11 to avoid losing notices.
20. Can DHS still issue NTAs?
Yes. Defensive asylum cases may continue.
21. Will my case get automatically denied?
There is no mass denial policy announced.
22. Can I use FOIA to strengthen my case?
Yes. FOIA requests are recommended.
23. Can I file mandamus for EAD delays?
Yes — attorneys file mandamus lawsuits regularly.
24. Should I get a lawyer now?
Yes. Representation dramatically improves asylum outcomes.
25. Where should I start if I’m scared or confused?
Book a confidential consultation now and get a plan.
We Can Help
🚨 If your asylum case is pending, the freeze is dangerous, but manageable with preparation.
The worst mistake is to wait and hope things resume independently.
👉 Get legal advice
👉 Protect your asylum clock
👉 Plan evidence strategy
👉 Review risk of travel, address changes, or interview requests
Richard T. Herman, Esq. has represented asylum applicants from over 120 countries for more than 30 years.
✔️ Nationwide representation
✔️ Virtual consultations
✔️ Emergency filing available
Schedule a confidential review today
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