By Melanie Shapiro, Esq.

1. Context: Why Was There an Asylum “Ban” in the First Place?

In November 2025, the U.S. government enacted an unprecedented freeze on all affirmative asylum cases overseen by U.S. Citizenship and Immigration Services (USCIS). This severe action followed a security incident in Washington, D.C., involving an individual previously granted asylum, prompting a systematic, indefinite hold on all new asylum approvals.

The result was a total standstill:

• Interviews were scheduled, but no decisions were issued.

• Hundreds of thousands of cases were left in a state of indefinite limbo, regardless of the applicant’s nationality or the merits of their claim.

During this time, I’ve attended interviews with my clients; however, the outcome was uncertain.  Before this ban, at the end of the interview, the asylum officer would advise that the applicant would either receive a decision in the mail or return in 2 weeks to receive it.  After the ban, there was so much uncertainty; my clients were in limbo.

The asylum office would still accept applications and conduct interviews, but to what end?  Would a decision be rendered? Would the applications still be processed?

2. What Changed on March 30, 2026?

On March 30th, the government announced that the ban was partially lifted.

The recent announcement marks a pivot toward a selective, nationality-based vetting process. While the government did not fully lift the ban, it officially lifted the adjudicative hold on what it defines as “thoroughly screened asylum seekers from non-high-risk countries.”

What this means for asylum seekers:

The USCIS asylum offices can now resume issuing decisions on asylum cases for applicants from not from “high risk” countries.  If you’ve had an interview between November and March 30th, we hope to see movement and decisions start to be issued. Since decisions have been on pause, I expect there to be a backlog and delays in decisions.  Normally USCIS aims to issue asylum decisions within 180 days, but the pause will likely increase the usual wait times.

3. The “39 Countries” Exception: Who is Still Excluded?

The lift is only partial because it excludes nationals from 39 specific countries currently listed under the administration’s expanded travel and immigration restrictions. This list designates entire nationalities as “high-risk.” For individuals from these nations, the freeze continues to extend beyond asylum to include most other forms of immigration benefits:

If your home country appears on the list below, your case remains paused:

The Impact for “High-Risk” Applicants:

• If your home country is on this list, I expect that interviews may still occur, but no decisions will be rendered.
• Your work permits remain valid during the pause.
• You can still apply for an initial employment authorization document (EAD).
• More stringent vetting.

4. Why the Stakes Have Never Been Higher

While the resumption of processing is a step forward for many, it is crucial to recognize that the overall legal landscape remains volatile. A simple restart does not guarantee success. Here are three critical factors that demand careful attention:

A. Procedural Fairness and the Supreme Court

The resumption of processing comes on the heels of major legal challenges. In March 2026, the Supreme Court heard arguments in Urias-Orellana v. Bondi, a case centered on whether asylum seekers are receiving “meaningful opportunities” to present their cases. While the court has reinforced some due process protections, it has also allowed for stricter evaluation standards. Vetting will be more intense than ever before.

B. Proposed Changes to Work Authorization

In February 2026, a proposed rule sought to extend the wait time for initial work permits from 180 days to 365 days. While this rule is intended to curb “meritless” filings, it creates significant financial hardship for legitimate seekers of refuge. If your country is not on the “high-risk” list, moving quickly on your EAD application is now critical.  You are eligible to submit a work permit application after your asylum case has been pending for 150 days.

C. The Role of “Defensive” Asylum

It is vital to distinguish between Affirmative asylum (filed with USCIS) and Defensive asylum (filed in Immigration Court, or EOIR). Most of the recent freezes targeted the affirmative process managed by USCIS. If you are already in removal proceedings, your case is handled by an Immigration Judge, and while timelines are still notoriously long, these cases generally do not fall under the same USCIS adjudicative hold as other cases.

5. What Should You Do Now?

This partial lift is a signal to act, but also a warning of increased scrutiny. The landscape is changing rapidly.

1. Verify Your Country Status: Confirm whether your home country is on the “high-risk” list of 39 nations.

2. Update Your Evidence immediately: If conditions in your home country have changed since November 2025, you must update your file with new evidence (police reports, news articles, or testimonies). With vetting resources reassigned, the strength of your file is more critical than ever.

3. Prepare for a Sudden Interview: USCIS may begin clearing the backlog by scheduling interviews with little notice. Ensure you are ready, up to date on your facts, and prepared to deliver your testimony.

Do not go it alone. The stakes for an asylum seeker in this environment have never been higher. If you are navigating an asylum claim, schedule a consultation with the office today to ensure your application is up to date, your evidence is robust, and your rights are protected.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration laws change frequently; please consult with a qualified immigration lawyer regarding your specific case.