A new report says the asylum denial rate rose to 94% earlier this year as the Trump administration carries out his promise of mass deportations and transforms immigration courts nationwide.
That figure comes from the Transactional Records Access Clearinghouse, or TRAC, the nonpartisan research center at Syracuse University. TRAC obtains and analyzes federal records via Freedom of Information Act requests.
Asylum is a form of protection in the U.S., granted to people fleeing persecution based on race, religion, nationality, political opinion or by virtue of being part of a “particular social group.”
TRAC’s latest data shows in June, just 771 people were granted asylum nationwide and 94% of all asylum cases were denied. Asylum denials have steadily climbed for years, according to TRAC, starting under President Joe Biden and rising to nearly 70% by the end of his term.
TRAC attributed the latest spike in denials to President Donald Trump’s remaking of immigration courts, citing records showing 279 immigration judges have been fired or resigned since fall 2024, some pointing to political pressure to rule a certain way.
Immigration courts fall under the Executive Office for Immigration Review, which is part of the Department of Justice. A DOJ spokesperson said in a statement on TRAC’s findings in part, “The Biden Administration allowed millions of unvetted migrants into our communities.”
“Reducing the immigration court backlog remains one of the highest priorities for this administration,” the DOJ statement continued. “The Justice Department is restoring integrity to our immigration system by hearing cases fairly, expeditiously, and uniformly, in accordance with the law.”
“I would say it’s been substantially, substantially harder,” said immigration attorney Victor Hernandez.
“Standards for asylum haven’t changed,” Hernandez said. “What’s been changing is the tools that are being used by DHS and by the Department of Justice to put those procedural or substantive roadblocks to getting to that yes.”
Hernandez said he’s seen a lot more motions in immigration court from the Department of Homeland Security to pretermit a case – essentially asking a judge to dismiss an asylum claim without a full hearing, arguing the asylum seeker does not meet the legal requirements.
“Some judges will allow the case to move forward and allow for there to be testimony,” Hernandez said, “Others may be using it as a way to just more effectively get through their docket.”
For a period of time, Hernandez said DHS was also using asylum cooperative agreements in asking immigration judges to pretermit, looking to send an asylum seeker to a third country that has agreed to take them, rather than adjudicate the case.
Hernandez noted an asylum denial does result in a removal order, but is not final and can be appealed.
“If we’re getting these widespread denials on grounds that are ultimately a little bit shaky, then it’s just going to cause more uncertainty,” he said. “That’s enough to cause fear.”