US media: Trump trying to close asylum ‘loophole’
Washington: The Trump administration is moving to sharply restrict access to asylum by urging US immigration judges to dismiss cases without hearings and send migrants to third countries. According to a Politico report, officials say the change aims to address a “major gap” in legal immigration.
The Department of Homeland Security has asked courts to immediately dismiss asylum applications and send migrants to third countries where they can seek protection, even if they have no prior ties there.
News outlets reported that this approach relies on so-called safe third country agreements negotiated with countries like Uganda, Honduras, and Ecuador.
This effort is part of a larger effort to curb immigration and expedite deportations as the administration seeks to meet a large annual removal target.
Asylum filings have surged in recent years, with nearly 900,000 claims pending in immigration court in fiscal year 2024, compared to approximately 200,000 annually during President Donald Trump’s first term.
Defending the policy, a senior administration official was quoted as saying, “Asylum was not designed to give people a backdoor way to the country of their choice.”
“If the United States is confident that they can be successfully sent to another country where they will not pose a threat, there is no reason or expectation that they should be allowed to remain here.”
The administration’s strategy gained momentum in October, when the Justice Department’s Board of Immigration Appeals directed judges to consider removal to a third country before considering asylum claims in the United States.
Following that guidance, DHS lawyers asked judges to dismiss nearly 5,000 cases in November, more than double the October figure, Politico reported. Immigration lawyers and advocacy groups say this policy further weakens the humanitarian protections built into the US asylum system. “The administration wants to dismantle our humanitarian protection system,” said Rebecca Wolf of the American Immigration Council. “They don’t want people to have the opportunity to apply for asylum in the United States.”
Administration officials dismissed this criticism, saying that those who truly fear persecution should focus on safety rather than location. One official said, “They shouldn’t care which specific location,” and added that disagreements with the law should be raised in Congress.
The Trump administration has expanded the use of third-country arrangements, including a recent deal with Palau to accept some migrants in exchange for deportations to African countries and US aid. Supporters of the policy say it returns asylum to its original purpose. “It’s a way to prevent false asylum claims,” said Mark Krikorian of the Center for Immigration Studies. DHS maintains that the policy is legal and necessary to reduce the backlog of cases in immigration court, which officials say has fallen to fewer than 3.75 million cases.
The administration estimates that there will be approximately 600,000 deportations in the first year, surpassing the previous US record.
Such a move could impact asylum seekers from India, especially those supported by Sikh separatist groups under false political pressure.
In recent years, US authorities have faced a steady influx of asylum claims from foreign nationals alleging political pressure abroad, including claims linked to separatist narratives.
Indian officials have repeatedly stated that there is no government political pressure in Punjab and that such claims misrepresent the reality on the ground.
New Delhi has also expressed concern about allegations of people facing criminal charges in India abusing the asylum system abroad – an issue that Washington’s narrowing of the scope of asylum-based entry could indirectly impact.
