Quick Answer
After the D.C. National Guard shooting, the Trump administration announced a nationwide “pause” on asylum decisions and promised to “permanently pause migration from all Third World countries.” Reporting by outlets like The Guardian and Reuters confirms both the freeze and the “permanent pause” language.
Can Trump legally freeze asylum and immigration?
Legally, the President does have broad authority under INA § 212(f) to suspend the entry of certain noncitizens, as recognized in Trump v. Hawaii. But asylum rights are written into INA § 208, and federal guidance like “Refugees and Asylum” from USCIS makes clear that people physically present in the U.S. retain the right to apply for asylum.
So the short answer:
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Yes, Trump can significantly tighten and delay asylum and immigration.
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No, he likely cannot lawfully abolish asylum or permanently end all migration from entire regions without Congress.
Why This Is Exploding Right Now
On the heels of the shooting near the White House, the administration announced that all asylum decisions by USCIS are paused until the government can ensure “every alien is vetted and screened to the maximum degree possible,” as reported in this Associated Press piece via The Guardian.
A deeper explainer from The Guardian on what Trump’s asylum “pause” means estimates the pause affects about 1.5 million affirmative asylum cases at USCIS and does not yet directly cover 2.4 million asylum cases in immigration court, though future policy could target them too.
At the same time, Reuters and a follow-up Reuters report on “Third World countries” describe Trump’s public pledge to “permanently pause migration from all ‘Third World Countries’” and a broader tightening on legal immigration, including reviews of refugee and green-card cases from “countries of concern.”
For people with pending asylum, family petitions, or refugee status, the emotional questions are obvious:
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“Can they actually cancel my chance forever?”
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“Do I still have any rights if the President says ‘no more’?”
The Legal Framework: What the Law Actually Says
INA § 212(f): The presidential “big hammer”
The key tool Trump is invoking is INA § 212(f), which lets the President:
“suspend the entry of all aliens or any class of aliens” if their entry “would be detrimental to the interests of the United States.”
The Supreme Court validated broad use of this tool in the travel-ban case Trump v. Hawaii, holding that a president can restrict entry of certain nationalities if he articulates a facially legitimate reason, such as national security.
A good plain-English explanation of this authority is in the Congressional Research Service’s overview of INA § 212(f).
Key limits:
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It’s mainly about entry, not everything that happens after someone is already inside the U.S.
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It does not automatically override every other statute Congress has written.
INA § 208: The right to apply for asylum
By contrast, INA § 208 codifies the right for people physically present in the U.S. to apply for asylum, regardless of how they entered (subject to bars). USCIS explains this clearly on its page “Obtaining Asylum in the United States”, and the “Asylum” main page emphasizes that you may apply using Form I-589, Application for Asylum and for Withholding of Removal.
That right exists because Congress wrote it into law. The President cannot simply erase INA § 208 with a tweet or an executive order.
EOIR and immigration court jurisdiction
Once a person is in removal proceedings, asylum and related protections are handled by immigration judges within the Executive Office for Immigration Review. The governing procedures are laid out in the EOIR Policy Manual and the older Immigration Court Practice Manual. Those are statutory and regulatory jurisdictions, not easily turned off with a policy memo.
What Trump Can Legally Do
Based on past practice, statutes, and litigation, here’s what is realistic and likely lawful:
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Slow or “pause” decisions at USCIS by redirecting officers, adding mandatory security reviews, and requiring additional background or country-specific vetting. USCIS has already expanded vetting for refugees and asylum seekers, as reflected in its humanitarian programs overview.
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Limit or suspend entry for certain nationalities or categories under INA § 212(f), especially for people still outside the U.S., as seen in the travel-ban upheld in Trump v. Hawaii.
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Shrink or delay refugee admissions and add more hurdles to refugee processing, consistent with the refugee procedures in USCIS’s page on “Refugee Eligibility Determination”.
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Re-screen or re-interview some green-card holders from designated “countries of concern,” as described in this Time analysis of post-shooting immigration changes.
All of these make immigration slower, scarier, and harder, but they do not fully abolish the underlying legal pathways.
What Trump Cannot Do (Without Congress)
There are bright red lines:
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He cannot repeal INA §§ 208, 209, or the family-based sections on his own. Only Congress can change or remove those rights.
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He cannot permanently forbid all asylum applications by everyone, everywhere, especially for people already in the U.S., as long as USCIS’s asylum framework and EOIR asylum procedures remain in force.
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He cannot indefinitely “freeze” every case where the effect is to nullify statutory eligibility. At a certain point, a pause becomes an “unreasonable delay” under the Administrative Procedure Act.
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He cannot completely close immigration court doors to asylum, withholding of removal, or Convention Against Torture (CAT) relief without new laws.
Data from the Migration Policy Institute on the expansion of expedited removal illustrates how far the administration is pushing the system, but it also notes that around 2.4 million asylum cases are pending in immigration court and another 1.5 million at USCIS. Those cases exist because the law still requires a process.
What Rights Do You Still Have During the Asylum “Pause”?
Even under a freeze on decisions, individuals retain key protections:
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Right to apply affirmatively with USCIS: You can still file Form I-589 if you are within the one-year deadline or qualify for an exception. See USCIS’s detailed FAQ, “Affirmative Asylum Eligibility and Applications”.
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Right to apply defensively in immigration court: If DHS puts you in removal proceedings, you can ask the immigration judge for asylum, withholding, or CAT protection, all governed by EOIR’s policy and practice manuals.
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Right to credible-fear or reasonable-fear screening if you are encountered at or near the border and express fear of return, under the statutory asylum and expedited-removal framework.
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Right to legal representation (at your own expense) in asylum and removal proceedings; EOIR’s self-help materials resource page explains how to find legal help.
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Right to seek EAD (work authorization) once you meet the statutory clock and regulatory criteria, which depend partly on adjournment codes explained in EOIR’s appendix on EAD-clock adjournment codes.
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Right to file motions to reopen or reconsider if there are material changes in your case or country conditions.
For a big-picture, rights-focused explainer designed for everyday asylum seekers, Herman Legal Group’s article “Asylum on Hold: Guide to the Nationwide Suspension of Asylum Decisions” walks through timelines, EAD impacts, and strategies in plain language.
How Many People Are in Limbo? The Data Story
The backlog is enormous:
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TRAC’s asylum backlog tools show that over one million asylum cases were pending in immigration court by 2024, with that number exploding further into 2025.
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The Migration Policy Institute’s analysis of expedited removal reports about 3.8 million immigration-court cases as of June 2025, and that 63% (around 2.4 million) are asylum cases, plus 1.5 million USCIS asylum applications as of March.
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A recent breakdown of court statistics from Docketwise shows over 3.7 million pending court cases at the end of 2024, confirming a historic backlog.
Meanwhile, a report titled “Why Have Asylum Grant Rates Been Plummeting?” notes that asylum grant rates fell from about 51% in early 2024 to 19% by August 2025, the lowest since the 1990s.
That means the “pause” is landing on a system that was already under extreme pressure.
FAQ – “Can They Really Do This to Me?”
Below is a sample of the kind of questions real people are asking. You can expand this to a 20–25 question FAQ for schema markup.
1. Can USCIS legally stop deciding asylum cases?
USCIS can temporarily slow or pause decisions for internal reasons like vetting or policy review. But an indefinite freeze risks violating the Administrative Procedure Act’s requirement that agencies not “unreasonably delay” or unlawfully withhold action, especially when Congress created a statutory right to apply.
2. Can Trump permanently stop all asylum?
No president can permanently cancel asylum without Congress. As long as INA § 208 and the refugee statutes remain on the books and USCIS’s own pages like “Asylum” and “The Affirmative Asylum Process” remain active, asylum exists as a legal pathway, even if slowed or distorted.
3. Should I still file my asylum case now?
In most situations, yes. Filing Form I-589 on time:
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Preserves your one-year deadline
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Creates a legal record
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Positions you to benefit if courts later order the government to resume or correct processing
Talk to counsel before deciding not to file.
4. Will I lose my work permit because of the pause?
Existing, valid EADs are not automatically canceled just because of a pause. However, new applications and renewals may face delays. The way the EAD clock interacts with adjournments is explained in EOIR’s adjournment code appendix. Always check current rules and seek individualized advice.
5. Does the permanent pause on “Third World countries” apply to people already here?
The phrase is political rhetoric, but it’s tied to real policy moves. According to Reuters’ coverage of Trump’s “Third World countries” announcement, agencies are using existing travel-ban lists and “countries of concern” frameworks. That can mean:
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Visa suspensions and stricter vetting
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Re-review of certain refugee or green-card cases
People already here are not automatically deported because of the phrase, but they may face more scrutiny.
6. If I’m in immigration court, can my judge still grant asylum?
Yes, immigration judges still have statutory authority to grant asylum, withholding, and CAT relief, guided by the EOIR Policy Manual. The current “pause” formally targets USCIS decisions, not immigration court grants, though future memos or regulations could try to narrow relief.
7. Can CBP and DHS just turn people away at the border?
Border “metering” and turn-backs have been found unlawful in litigation like Al Otro Lado, where federal courts criticized policies that blocked access to asylum procedures at ports of entry. While that litigation is still evolving, it stands for the principle that the government cannot simply ignore asylum seekers and pretend the law doesn’t apply.
8. If courts strike down parts of the freeze, will that help me?
Yes. Courts can:
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Order agencies to resume processing
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Require re-adjudication under lawful rules
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Block future use of unlawful policies
Being properly filed and “in the system” improves your chance of benefiting from any court-ordered remedies.
9. Can I still become a refugee or get refugee family reunification?
The refugee system is under pressure, but it still exists. USCIS explains refugee eligibility in detail on its “Refugee Eligibility Determination” page. Caps can be lowered and processing slowed, but the statutory framework remains unless Congress changes it.
10. Where can I find official information, not just headlines?
Here are core official resources:
What You Can Do If You’re Affected
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Stay in the system. Do not let fear push you into missing deadlines or ignoring notices.
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File on time. Whether it’s an asylum application, motion, or appeal, deadlines remain critical.
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Collect and keep evidence. Country conditions reports, medical records, police reports, and affidavits can be decisive.
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Get legal help.
Herman Legal Group has been representing asylum seekers, refugees, and families for over 30 years. If you’re unsure how the asylum pause or “permanent pause” talk affects you, you can:
Book a Consultation with Herman Legal Group
Related deep-dive guides on HLG:
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Asylum on Hold: Guide to the Nationwide Suspension of Asylum Decisions
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USCIS’s New Security Vetting Rules — What Immigrants Should Know
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