Trump Proposes Rule to Limit Asylum Seekers

How would the Trump administration’s new law impact migrants seeking asylum?

In its latest move intended to crackdown on the number of immigrants in America, the Trump administration has issued a new rule that would ban migrants who cross the border anywhere outside of designated entry points from seeking asylum.  Immediately after the rule was announced, the ACLU and other groups challenged the law, filing suit in federal court. Our asylum immigration lawyers at NPZ Law Group explore current asylum laws and why the proposed restrictions on asylum seekers should be declared illegal.  

Current Asylum Laws

The United States has long offered itself as a place of refuge for immigrants facing persecution in their country of origin.  In fact, the right of asylum has origins in medieval times in England, with the first sanctuary laws being proclaimed around 600 AD.  Our current asylum law was developed through international agreements drafted after World War II. Since that time, tens of thousands of immigrants have sought asylum in the U.S. because they faced persecution on the basis of their religion, race, nationality, political opinion, or membership in a certain group.

To be granted asylum, a potential asylee must prove that they are unwilling or unable to return to their home country because they have experienced persecution or have a well-founded fear that they will be persecuted.  Our laws allow asylees to apply for this status either upon or after their arrival in the United States. Laws specifically state that it does not matter whether potential asylees arrive here legally or illegally. Those granted asylum will have the right to live in the U.S. for as long as they qualify as an asylee.  Asylees can also seek a green card after a year of being within the U.S.

Restricting Asylum Seekers

President Trump has proposed a law that would do away with the long adopted rule that anyone, whether they enter legally or illegally, can seek asylum.  The ACLU has taken the stance that the law is patently illegal, as the president cannot alone override U.S. law. The Trump administration has responded by stating that the ACLU’s desire to challenge its proposed limit to asylees is indicative of its desire to keep the borders open.  The administration intends to attempt to pass the law based on the president’s power to exclude immigrants that are detrimental to the interests of the U.S., which also formed the basis for the Muslim travel ban. Anyone with concerns about this new asylum law should contact our experienced immigration lawyers at NPZ Law Group.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at