A Shifting Landscape for Asylum Seekers
In recent years, changes to U.S. asylum policy have left many prospective applicants confused about their rights. The 2019 rule disqualified asylum-seekers who did not apply for protection in at least one third country before arriving at the U.S. border. The rule, enacted under the Trump administration, was aimed at reducing claims along the southern border—particularly from Central American migrants.
The policy was short-lived but widely felt. Understanding what happened, how it was challenged, and what the law currently says is essential for anyone navigating the asylum process today.
The Policy of 2019 and Its Legal Challenge
What Was the Rule?
The 2019 rule barred most migrants from applying for asylum in the U.S. if they had not first sought asylum in another country they passed through. For example, a migrant traveling from Honduras who did not apply for asylum in Mexico would be ineligible to apply in the U.S.
The goal was to reduce the number of asylums claims and require migrants to seek protection closer to home. However, critics argued the rule puts vulnerable individuals at risk by forcing them to wait in countries where they might face further danger or lack access to legal protection.
How Courts Responded
Civil rights groups, including the American Civil Liberties Union (ACLU), filed suit, arguing the rule violated both U.S. and international asylum laws. A federal judge agreed, ruling that the policy conflicted with the Immigration and Nationality Act (INA). Under the INA, asylum may not be denied solely because someone failed to seek protection elsewhere.
As a result, the rule was blocked and remains unenforced. However, its future could still be shaped by ongoing litigation or future administrative action.
| Learn more about asylum protections under the INA from USCIS |
What the Law Really Says About Asylum
Legal Right to Apply
According to the INA, any person physically present in the U.S. or arriving at a port of entry—regardless of status—may apply for asylum. The law does not require them to have first applied in another country.
The Credible Fear Standard
To qualify for asylum, applicants must show a “credible fear” of persecution due to race, religion, nationality, political opinion, or link to a specific social group. This standard is applied in interviews or hearings as the first step in the asylum process.
Public and Legal Concerns
Advocacy and Risk
Legal and humanitarian advocates have warned that rules like the 2019 policy endanger asylum-seekers. Many who were unable to apply in third countries were left stranded in unsafe conditions or forced to return home.
Uncertainty in the System
With court decisions and policy shifts occurring frequently, it can be difficult for individuals to know their rights, underscoring the importance of turning to official sources like USCIS and DHS for current guidance and of seeking legal counsel.
What This Means for Asylum-Seekers Today
Asylum Is Still a Right
Despite recent changes, asylum remains protected under U.S. law. Individuals who meet the criteria can still apply; protections remain in place for those who qualify.
Why Legal Support Is Critical
Because asylum eligibility involves nuanced legal standards and sensitive evidence, representation from an immigration attorney can make a difference. They can clarify your eligibility, prepare your case, and guide you through each legal step.
Conclusion
The asylum process is shaped by a strong legal foundation, though vulnerable to administrative shifts and court decisions. While policies like the 2019 third-country rule may generate headlines, the core legal right to seek asylum remains intact.
If you have any questions about the U.S. immigration policy or the U.S. asylum system, contact our office today to set up a consultation with one of our attorneys!
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