President Trump Issues Memo on Asylum in Proceedings, Asylum Fees, and Asylum EADs

On April 29, 2019, President Donald Trump issued a Memorandum for the Attorney General and the Secretary of Homeland Security titled “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System” [PDF version]. The Memorandum stated that the policy of the executive branch is “to manage our humanitarian immigration programs in a safe, orderly manner that provides access to relief or protection from removal from the United States for aliens who qualify, and that promptly denies benefits to and facilitates the removal of those who do not.” President Trump directed the Secretary of State and the Secretary of Homeland Security to undertake the following actions in furtherance of U.S. policy.

First, President Trump directed the Attorney General and the Secretary of Homeland Security to propose new regulations ensuring that aliens screened from expedited removal after establishing a credible fear of persecution or torture are promptly placed in full removal proceedings to have their applications for protection from removal considered.

Second, President Trump directed the Attorney General to propose regulations to ensure that all asylum applications adjudicated in immigration court proceedings receive final adjudication within 180 days of filing absent exceptional circumstances. This 180-day limit does not encompass appeals.

Third, President Trump directed the Attorney General and the Secretary of Homeland Security to propose regulations setting a fee for asylum applications. The fee is authorized by section 208(d)(3) of the Immigration and Nationality Act (INA), but may not exceed the costs of adjudicating the application.

Fourth, President Trump directed the Attorney General and the Secretary of Homeland Security to propose regulations barring aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization while their applications for relief or protection from removal are pending. Furthermore, the President directed the Attorney General and Secretary of Homeland Security to propose regulations providing for the immediate revocation of employment authorization for aliens who had been granted it during the pendency of their applications for asylum or withholding upon the denial of the application.

In a separate section, President Trump directed the Secretary of Homeland Security to “reprioritize the assignment of immigration officers and any other employees of the Department as the Secretary deems necessary and appropriate to improve the integrity of adjudications of credible and reasonable fear claims, to strengthen the enforcement of the immigration laws, and to ensure compliance with the law by those aliens who have final orders of removal.”

The regulations that eventually are implemented as a result of the Memorandum could have significant effects on certain asylum claims. The imposition of an asylum application fee could affect all asylum applications depending on how it is structured. Regulations barring employment authorization for applicants who entered the United States unlawfully while their applications are pending would also be a potentially significant change to the immigration laws. Implementation of the directives calling for the expeditious resolution of proceedings for aliens screened from expedited removal and of asylum in proceedings generally would ultimately depend not only on the new regulatory provisions, but also on the available resources of the immigration courts to process such cases.

We will update the website with more information as the Departments of Justice and Homeland Security promulgate new rules in accordance with President Trump's directive. You may read more about related issues in our website's sections on asylum [see category] and removal and deportation defense [see category].