Politics

US Administration Moves to Cancel Thousands of Asylum Cases

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Dec 23, 2025

THE BARE STORY

The U.S. administration has initiated a nationwide effort to cancel thousands of active asylum cases. Immigration and Customs Enforcement (ICE) attorneys have recently filed numerous "pretermit" motions in immigration courts in cities including New York, Atlanta, and Los Angeles. These motions request that judges dismiss asylum claims without a hearing on their merits, which would allow for the applicants' deportation to third countries.

The government’s strategy is based on a law concerning applicants who are eligible for protection in a "safe third country." According to a late October ruling from the Board of Immigration Appeals, judges must decide on third-country deportations before considering the asylum case itself and must place the burden of proof on the applicant to demonstrate fear of persecution in the third country. The Department of Homeland Security (DHS) stated it is using all lawful tools, including bilateral agreements with nations like Guatemala and Uganda, to manage asylum backlogs and what it called abuse of the system. The DHS also asserted that these partner countries would adjudicate claims fairly.

According to internal government data from early December, ICE had filed over 8,000 such motions. Immigration lawyers claim the policy affects clients with strong asylum claims from countries such as Iran, Nicaragua, and Russia, and is intended to pressure them into dropping their cases. One attorney reported a Nicaraguan client was ordered deported to Honduras. Legal advocacy groups are challenging the regulation underpinning the motions, with a director at the Center for Gender and Refugee Studies calling the tactic an attempt to "completely eviscerate the availability of asylum."

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• Critics allege the policy is an attempt to dismantle the asylum system. Legal advocacy groups are actively challenging the regulation that underpins the government's motions to dismiss cases. A director at the Center for Gender and Refugee Studies characterized the tactic as an attempt to "completely eviscerate the availability of asylum."

• The motions affect individuals with strong, legitimate asylum claims. Immigration lawyers argue that the policy is not just targeting weak cases, but also affects clients with strong claims for asylum from countries like Iran, Nicaragua, and Russia. They claim the strategy is designed to pressure these applicants into dropping their cases altogether.

• Cases are being dismissed without a hearing on their merits. The "pretermit" motions request that judges dismiss asylum claims outright, preventing a hearing on the substance of the applicant's fear of returning to their home country. Attorneys have reported instances of this, including one case where a Nicaraguan client was ordered to be deported to Honduras.

How it may affect me

As a U.S. reader:

• The policy could reduce the number of cases heard in U.S. immigration courts, altering the asylum process and potentially accelerating deportations for some applicants.

• Legal challenges against the regulation are underway, which means the policy’s long-term future and the rules for asylum seekers may be decided in federal court.

• This effort to manage the asylum case backlog may change federal spending on immigration courts, but any net financial impact on taxpayers remains unspecified.

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