Enforcement Policy Changes: Asylum Seekers' Rights

Enforcement policy changes do not erase your core legal rights as an asylum seeker or immigrant. Under the Immigration and Nationality Act (INA), you retain the right to apply for asylum, attend your immigration court hearing, and seek legal representation. New enforcement priorities may speed up or complicate your case, but the underlying statutory protections remain in effect. Verify current procedures at the official USCIS website.

How Policy Changes Can Affect Your Case

Federal immigration enforcement priorities shift under different administrations, reshaping how agencies like ICE and USCIS handle cases in practice. Key ways these changes may affect you include:

• Expanded enforcement targets: A broader definition of enforcement priorities can mean more individuals become subject to active deportation proceedings, even those with pending asylum applications.
• Ускоренная депортация (expedited removal) expansion: Authorities may apply expedited removal procedures to individuals apprehended further from the border or after longer periods of residence, reducing the time available to prepare a defense.
• Changed interview and processing timelines: Policy shifts can alter how quickly asylum interviews and credible fear screenings are scheduled. Current processing times are available on USCIS.
• Enforcement at sensitive locations: Policies on whether ICE conducts operations near schools, churches, or hospitals may change. Check the current ICE guidance for updated sensitive-location protections.
• Increased use of detention: Wider use of immigration detention may affect individuals with pending cases, including asylum applicants.

Rights That Remain Protected Under U.S. Law

Regardless of enforcement policy, the following rights are grounded in statute and constitutional protections:

• Right to apply for asylum: Under INA §208, any person physically present in the United States may apply for asylum, regardless of immigration status. The standard filing fee for Form I-589 is $0 (no fee required).
• Right to a hearing: If placed in removal proceedings, you have the right to appear before an immigration judge under INA §240.
• Right to an attorney: You have the right to hire an attorney at your own expense. The government is not required to provide one in immigration proceedings, but nonprofits and legal aid organizations may assist.
• Protection against refoulement: Under INA §241(b)(3), withholding of removal (приостановление депортации) may be available if you face persecution or torture in your home country, even if you do not qualify for asylum.
• Due process rights: The Fifth Amendment protects all persons — regardless of status — from deprivation of liberty without due process of law.
• Right to remain silent: You are not required to answer questions about your immigration status without an attorney present.

Steps to Protect Your Case Right Now

1. Document your immigration status: Gather and securely store all immigration documents — I-589 receipt notices, work permits, court hearing notices, and any government correspondence.
2. Know your court date: Missing an immigration court hearing can result in an order of removal (ордер на депортацию) issued in your absence. Confirm your hearing date at the DOJ immigration court information line or via the EOIR automated system.
3. Consult an immigration attorney: Policy changes require case-specific analysis. Ilya Fishkin, immigration attorney can assess how current enforcement priorities apply to your individual situation.
4. Create a family preparedness plan: If you have U.S. citizen or lawful resident family members, designate a trusted person to care for children or dependents and prepare power-of-attorney documents in case of unexpected enforcement action.
5. Monitor your case status: Use the USCIS online case tracker and sign up for email notifications to stay informed of any changes to your application.
6. Report any rights violations: If you believe your rights were violated during an enforcement encounter, report the incident to a legal aid organization or the DOJ Office for Civil Rights.

What the Law Says

The core legal framework governing asylum and enforcement is found in the Immigration and Nationality Act (INA), codified in Title 8 of the U.S. Code, and implementing regulations in 8 CFR Parts 208 and 1208. Key provisions include:

• INA §208: Establishes the right to apply for asylum and sets a one-year filing deadline from the date of last arrival, with exceptions for changed or extraordinary circumstances.
• INA §240: Governs removal proceedings and the right to a hearing before an immigration judge.
• INA §241(b)(3): Provides for withholding of removal (приостановление депортации) as an alternative protection.
• Convention Against Torture (CAT): Implemented through 8 CFR §1208.16–18, offers protection against return to a country where torture is likely.

Policy memoranda and enforcement priorities issued by executive agencies can change frequently. Always verify the current status of any policy at Federal Register or the official USCIS website.

This material is for informational purposes only and does not constitute legal advice