U.S.

Administration Moves to Void Thousands of Asylum Claims, Seek Removals

The federal government is pursuing an unprecedented legal strategy to dismiss thousands of active asylum claims and order removals to third countries rather than the applicants' homelands, a step that could reshape asylum practice and court backlogs. The move comes as immigration agencies pause parts of asylum processing for expanded vetting, raising questions about due process, international obligations and the role of immigration courts.

Marcus Williams3 min read
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Administration Moves to Void Thousands of Asylum Claims, Seek Removals
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The federal government has initiated a nationwide effort to seek dismissal of thousands of active asylum cases by arguing that some applicants can be removed to third countries such as Guatemala, Honduras, Ecuador and Uganda instead of being returned to their countries of origin. Attorneys with U.S. Immigration and Customs Enforcement have been filing motions with immigration judges seeking to void pending asylum claims without merits review and in many instances to secure deportation orders to those third countries.

The tactic represents a substantial shift in litigation posture inside immigration courts, where asylum seekers have long relied on adjudication of the merits to determine protection claims. Administration officials say the approach is part of a broader push to accelerate removals and to use diplomatic and third country arrangements as alternatives to adjudication and returns to origin countries.

U.S. Citizenship and Immigration Services has simultaneously halted the entry of asylum decisions pending what the agency describes as expanded vetting and screening procedures. USCIS Director Joseph Edlow said, "USCIS has halted all asylum decisions until we can ensure that every alien is vetted and screened to the maximum degree possible. The safety of the American people always comes first." Agency officials framed the operational pause as a safety and screening measure, though it does not expressly confirm the reported litigation strategy being pursued in immigration courts.

The White House, ICE and the Department of Homeland Security did not immediately respond to requests for comment. Key aspects of the campaign remain unverified including whether guidance directing attorneys nationwide exists in written form, how broadly immigration judges are being asked to enter removal orders to third countries, and what diplomatic agreements if any would underpin such removals.

The reported effort arrives amid a sharp expansion in immigration enforcement funding approved by Congress this year. The appropriations package provides roughly one hundred seventy billion dollars to ICE and Border Patrol through September 2029, a substantial increase from existing annual agency budgets of about nineteen billion dollars. The budgetary surge has enabled the administration to plan a more aggressive enforcement posture in 2026, according to officials familiar with planning documents.

Legal scholars and advocacy groups warned that seeking to dismiss claims without merits review could raise due process and international law concerns, including non refoulement obligations that prohibit returning people to places where they face persecution. For immigration courts already burdened with a large backlog, the litigation strategy could produce a wave of motions and appeals that further congest the system and prompt expedited litigation in federal courts.

Much hinges on whether immigration judges accept the removability arguments and on whether the administration produces written policy memos that clarify scope and authority. Courts, detainees and third country partners will all play roles in determining whether the strategy moves from filings to widespread implementation. Observers said the coming weeks will be critical for understanding both the legal mechanics and the human consequences of the policy in practice.

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