Trump administration moves to shut asylum ‘loophole’, pushes third-country removals

Trump administration moves to shut asylum ‘loophole’, pushes third-country removals

The Trump administration is moving to significantly tighten access to asylum in the United States, urging immigration judges to dismiss applications without full hearings and redirect migrants to third countries where they could seek protection, according to a report by Politico. Officials say the move is designed to close what they describe as a “huge loophole” in the US immigration system.

Under the new approach, the Department of Homeland Security (DHS) has asked immigration courts to summarily dismiss asylum cases and remove migrants to so-called “safe third countries,” even if the individuals have no prior personal, familial, or cultural ties to those nations. The policy relies on agreements negotiated with countries such as Uganda, Honduras, Ecuador, and others willing to accept deported migrants.

The initiative is part of a broader effort by the administration to curb irregular migration and accelerate deportations as it seeks to meet an ambitious annual removal target. Officials argue that the asylum system has been increasingly misused as a pathway for prolonged stay in the United States rather than as a mechanism for urgent humanitarian protection.

“Asylum was not designed to provide people a backdoor way to get to a country of their choosing,” a senior administration official was quoted as saying. “If the United States is confident that they can be successfully removed to another country where they will not be threatened, then there’s no reason they should be allowed to remain here.”

Asylum filings have surged sharply in recent years. According to official data cited in the report, nearly 900,000 asylum claims were pending before US immigration courts in fiscal year 2024, compared to roughly 200,000 annually during Trump’s first presidential term. The backlog of immigration cases has ballooned to nearly 3.75 million, placing enormous strain on the court system.

The policy gained traction in October, when the Justice Department’s Board of Immigration Appeals instructed judges to consider third-country removal options before evaluating asylum claims in the United States. Following that guidance, DHS attorneys requested the dismissal of nearly 5,000 asylum cases in November alone—more than double the number from the previous month.

Immigration lawyers and advocacy groups have strongly criticized the move, arguing that it undermines long-standing humanitarian protections embedded in US law. “The administration wants to demolish our humanitarian protection system,” said Rebekah Wolf of the American Immigration Council. “They do not want people to have the ability to apply for asylum in the United States.”

Administration officials reject such criticism, maintaining that individuals with genuine fears of persecution should prioritize safety over destination. They argue that concerns over the legality of the policy should be addressed by Congress, not the courts.

Supporters of the policy say it restores asylum to its original intent and discourages fraudulent claims. “It’s a way to deter bogus asylum claims,” said Mark Krikorian of the Center for Immigration Studies.

The administration has expanded third-country arrangements in recent months, including deportations to African nations and a new agreement with Palau to accept a limited number of migrants in exchange for US assistance. DHS projects nearly 600,000 deportations in its first year under the revised strategy, a figure that would surpass previous US records.

The changes could have implications for asylum seekers from India, particularly those citing political persecution linked to separatist narratives. Indian authorities have consistently stated that there is no state-sponsored political repression in Punjab and have expressed concern over individuals facing criminal charges allegedly misusing asylum systems abroad.

As Washington narrows the scope for asylum-based entry, the policy is expected to reshape migration patterns and intensify debate over the future of humanitarian protection in the United States.

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