Recent Updates to US Asylum Law 2026
Since Donald Trump took office for his second term as President in January 2025 US immigration policies have been continuosly changing, often without following the notice-and-comment rulemaking process or providing much notice. It is important to regularly check to see if there have been any recent changes that may affect your case.
Recent Updates As of April 2026
- USCIS says it will start making asylum decisions again in some cases. On March 30, 2026, USCIS said it was ending the previous asylum pause and that it will start making decisions on some asylum cases again. But we do not know exactly how many cases USCIS will unpause or how quickly they will act. And unfortunately, all asylum decisions are still paused for asylum seekers from 40 countries.
- Asylum decisions are still paused for immigrants from 40 countries. USCIS is not making decisions on asylum applications, work permit renewals, and many other applications for immigrants from 40 countries. Learn more. The countries are: Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, the Republic of Congo, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Palestine, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe. Immigrants are challenging this in a lawsuit.
- Immigration courts are ending some asylum cases early. Asylum seekers in immigration court are supposed to receive a full asylum hearing, but the government is trying to end some cases before that hearing. If the government asks a judge to end your case early, you can try to convince the judge to keep it open. Learn more.
- USCIS is ending some asylum cases early. Asylum seekers at USCIS are supposed to receive an asylum interview, but USCIS is ending some cases before that interview. Some asylum seekers have received notices moving their asylum case to immigration court. Other asylum seekers received letters dismissing their asylum case and telling them to schedule credible fear interviews instead.
- There is a new annual asylum fee. USCIS or immigration courts can require you to pay an annual asylum fee of $102 if your asylum application has been pending for at least one year. If you do not pay the fee by the deadline that the government sets in your case, your asylum application could be denied or dismissed. Learn more about the new fees and how to pay.
- You can still submit new asylum applications. If you are currently in the U.S. and you have not submitted an asylum application, you can still submit one if you are eligible. There is a new $100 initial filing fee. Applying for asylum is a complicated decision that depends on your specific circumstances. Learn more about asylum.