How are laws changing for asylum seekers?

Written by ASAP’s expert immigration lawyers · Updated February 3, 2026

This page provides time-sensitive updates for asylum seekers about: asylum, work permits, social security numbers, immigration court, driver's licenses, TPS, detention, ICE, SIJS, parole, birthright citizenship, leaving the U.S., immigration limits for 40 countries, and travel. The most recent changes are marked NEW or UPDATED below.

Asylum (updated February 2)

  • USCIS asylum decision pause. On November 28, 2025, USCIS announced that it has stopped making any decisions on pending asylum applications. USCIS says they will continue to accept new asylum applications and conduct asylum interviews, but they will not make any final decisions to grant or deny asylum. USCIS released a Policy Memorandum about the pause, but did not say how long this pause would last. If you have a work permit based on a pending asylum case, it remains valid and you can continue to use it. 

  • Immigration court cases. The government is trying to end many cases in immigration court before the asylum seeker receives a full hearing. This could happen because of agreements with other countries, problems with fees, facts in the asylum application, what country you are from, or other reasons. If this happens in your case at an immigration court hearing, you are likely to be detained. Read what to know before an immigration court hearing. If you have not spoken with a lawyer about your asylum case before, you can look for a lawyer.

  • Negative announcements for 40 countries. The government has made negative announcements affecting people from specific countries. The government has paused processing of most USCIS applications (including asylum and work permit renewals), announced travel restrictions, and made other changes. 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. Learn more below.

  • USCIS dismissal letters. Some asylum seekers who applied for asylum with USCIS have received letters dismissing their cases. If you received a USCIS letter, read this resource for possible next steps. 

  • New initial filing fee. The U.S. government has announced a new $100 initial filing fee to apply for asylum in immigration court or USCIS.

  • New annual asylum fee. 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 USCIS annual asylum fee here, and the immigration court annual asylum fee here (including how to pay).

  • New 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. Applying for asylum is a complicated decision that depends on your specific circumstances. Learn more about asylum.

Work permits based on asylum (updated January 5)

  • Length of work permits. Work permits issued after December 4, 2025 to asylum seekers will be valid for 18 months, instead of 5 years. However, if you already received a 5-year work permit, it is still valid for 5 years. This change also applies to some other immigrants. Learn more on USCIS’s website.

    • We have heard that some people received an approval notice for a 5-year work permit on or before December 4, 2025, but still have not received their actual work permit card. If this has happened to you, you can email ASAP at [email protected]. We are trying to understand what is happening, but we do not yet know if there is anything that can be done to fix this problem.

  • Filing an initial application. If you applied for asylum and you do not have a work permit yet, you can still apply for a work permit 150 days after the government receives your asylum application. The government is supposed to process an initial work permit application within 30 days, no matter which country you are from. After you receive your work permit, you can apply for a social security number. If your initial work permit is delayed, you can try taking these steps.

  • Current work permit. If you currently have a work permit based on a pending asylum application, your work permit is still valid.

  • Pause in some work permit processing for asylum seekers from specific countries. USCIS has paused processing of almost all immigration applications filed by people from certain countries.

    • USCIS has paused processing for applications to renew work permits based on seeking asylum for individuals from the listed countries – category (c)(8). If you apply to renew your work permit and you are from one of the listed countries, USCIS says you will not receive a decision on your renewal. 

    • However, USCIS has NOT paused processing of initial work permit applications based on seeking asylum, category (c)(8). USCIS should still process initial work permits based on seeking asylum, no matter which country you are from. 

    • USCIS has also paused processing of both initial and renewal work permit applications for all other categories for individuals from the listed countries. The only exception is for work permits under category (c)(11) and (c)(14) for immigrants assisting a U.S. law enforcement agency.

  • Renewal auto-extensions. The government has stopped issuing new automatic work permit extensions for people applying to renew their work permits on or after October 30, 2025. But if you already received a 540-day extension on or before October 29, your extension is still valid! Learn more here.

  • Fees. It costs $560 to apply for a first work permit as an asylum seeker. (Before, there was no fee.) The fee to renew an asylum-based work permit increased by $275. If you are renewing your work permit online, it now costs a total of $745. If you are renewing your work permit by mail, it now costs a total of $795. Learn more here.

Immigration limits for 40 countries (updated January 8)

  • The U.S. government has announced new immigration limits for individuals from specific countries. These limits affect individuals already in the United States, as well as those outside the United States.

  • 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.

  • Processing pause. USCIS has paused processing of almost all immigration applications, including asylum, renewal work permits, and permanent residency (green cards), for people from these countries. See this USCIS December Policy Memorandum and January Policy Memorandum. This pause does NOT apply to initial work permits based on seeking asylum, category (c)(8). USCIS is still supposed to process initial work permit applications based on seeking asylum within 30 days. 

  • Interviews cancelled. The government is also canceling already-scheduled interviews at USCIS for some people from these countries, including green card interviews and some asylum interviews.

  • Negative factor. USCIS has also said that even if it does again begin processing immigration applications for people from one of these countries, being from one of the countries on the list will be a “significant negative factor” in deciding many immigration applications, such as asylum or adjustment of status to permanent residence. See this USCIS Policy Alert

  • Potential reversal of immigration approvals. The government said they will review past immigration approvals won by people from these countries who arrived in the United States on or after January 20, 2021, and could reverse past approvals. See this USCIS Policy Memorandum. The Policy Memorandum, published on December 2, instructs government officials to make a list of cases to review within 90 days.

  • Traveling to the United States. Individuals from the 40 countries also face restrictions when traveling to the United States. Learn more.

Social security numbers (updated January 15)

  • Asylum seekers can apply to receive social security numbers once they receive their work permits.

  • In the past, immigrants could request a social security number as part of their work permit applications and then they would receive a social security card automatically when their work permit was approved. However, social security numbers can no longer be requested in work permit applications. Instead, immigrants now have to apply for social security numbers separately.

  • After you receive your first work permit, you can schedule an in-person appointment and fill out a form to apply for a social security card. You can watch this video to learn how to apply for a social number or you can follow these instructions.

  • In Spring 2025, the U.S. government cancelled social security numbers for a small number of immigrants. If you believe your social security number was canceled, you may want to consult with a lawyer

  • Social security offices may be sharing information with immigration agencies.

Immigration court hearings (updated January 8)

  • If you have a case in immigration court, your case is still active until the judge makes a decision. Check your case status every week in case there is a new decision or a new hearing date.

  • Annual asylum fee. In early January, some immigration judges have been sending notices to asylum seekers stating that the annual asylum fee is due. The annual asylum fee is $102 as of February 1, 2026. If you receive a notice, it should include a deadline, and you can pay online. This is happening despite a judge’s order on October 30 in ASAP members' lawsuit pausing the annual asylum fee. Learn more about the fee here (including how to pay).

  • Detention. Starting in May 2025, the government has been detaining many immigrants at immigration court hearings. As of January 2026, the government has slowed down arrests in some immigration courts, but continues the arrests in others. If you do not attend your immigration court hearing, you will most likely receive a deportation order. Read more here.

  • Ending cases. The government is ending some cases in immigration court before the asylum seeker receives a full hearing. This could happen because of agreements with other countries, problems with fees, facts in the asylum application, or other reasons. If this happens in your case at an immigration court hearing, you will most likely receive a deportation order and could be detained. Read more here.

  • Administrative Closure. If your immigration court case was previously administratively closed (your case is still in court but not scheduled for future hearings), check the status of your case. Many immigration court cases that were administratively closed, even for years, are being scheduled for new hearings. To check your case status, call the court hotline at 1-800-898-7180 or go to this website.

  • Deportations to another country. The U.S. government is trying to end some immigration court asylum cases and send people to a third country to seek asylum there instead, even if they have never been to that country before. Learn more.

Driver’s licenses and commercial driver's licenses

  • Many asylum seekers and other immigrants are eligible for driver’s licenses. Learn about your state’s requirements here

  • As of November 10, 2025, asylum seekers can apply for commercial drivers licenses (CDLs) again!

  • The U.S. government tried to block asylum seekers and other immigrants from receiving new CDLs, which are special licenses for driving large and heavy vehicles. ASAP members wrote to us and told us they had trained for years to become truck drivers, and explained how difficult this change would be for their families. ASAP helped interested members to get involved in another organization’s lawsuit to challenge this policy and a court has prevented this change for now. Immigrants can continue to receive CDLs while the lawsuit proceeds!

  • However, ASAP has heard that some states (including California, Colorado, Florida, Nevada, New York, South Dakota, Texas, and Washington) are still not issuing or renewing CDLs, even though they can do so after the court’s order on November 10. You can find more information here. If you are applying for a CDL you can contact your state’s department of motor vehicles (DMV) to see if they are processing CDLs. If your state is processing CDLs and you have been denied, you can try again and take a copy of (1) the judge’s most recent order and (2) this email sent by the U.S. government to states explaining that states can continue issuing and renewing CDLs for now. If this does not work, you can also try requesting additional review by a supervisor, try again another day, or go to a different DMV office in your state. However, we do not know if taking these steps will work and your DMV office may still refuse to issue or renew your CDL. 

  • If you have a CDL in California and previously received a 60-day cancellation notice, your CDL will remain valid until at least March 6, 2026. Immigrants filed a lawsuit to prevent the cancellation and won an agreement from the California government to extend CDLs until March 6, 2026 while they work on a more long-term solution. Learn more here.

Temporary Protected Status (TPS) (updated February 3)

  • The U.S. government is trying to end TPS for certain countries: Afghanistan, Burma (Myanmar), Cameroon, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Syria, and Venezuela. Immigrants are challenging these actions in multiple lawsuits. Learn about the current status of TPS for different countries here.

  • TPS for Burma (Myanmar), Haiti, Honduras, Nepal, Nicaragua, South Sudan, and Syria remain valid for now, thanks to court victories. If you received TPS for one of these countries, you should be protected from detention and deportation for now, and your work permit is extended automatically. Learn more here.

  • There are new fees to register for TPS and apply for a work permit based on TPS. New work permits based on TPS will only be valid for one year. Read more here.

  • People with TPS can also apply for asylum or other types of immigration status if eligible. This can be a complicated decision that depends on your specific circumstances. If you decide to apply for another immigration status, it is best to apply before your TPS expires if possible.

Detention and raids (updated December 17)

  • The U.S. government is conducting immigration raids, creating new detention centers, detaining many immigrants, and deporting people more quickly than before. The government is also expanding the use of a faster deportation process called “expedited removal” for some immigrants.

  • Here are some safety measures that asylum seekers can take to protect themselves in the United States and prepare for the possibility of detention or deportation.

  • If you have a loved one who is detained, learn about immigration detention

  • The government has been detaining more people at immigration appointments. Read about the risk of detention in immigration court and the risk of detention at ICE check ins, including possible steps to prepare. Some people have also been detained at USCIS appointments, but as of January 2026, this is still more rare.

  • The U.S. government is also trying to send some immigrants to other countries if they have a deportation order or if they won withholding or CAT. There have been reports of this happening across the country, and immigrants are fighting against this policy through a lawsuit. If you are detained and you are told you could be sent to another country, and if you are afraid to be sent to that country, tell as many immigration officers as possible. Learn more.

ICE check-ins

  • Some immigrants have check-ins with ICE, and some do not. 

  • The government is detaining more people during ICE check-ins. Learn more, including what you can do to prepare.

  • If possible, talk to a lawyer before you go to your next ICE check-in. Find legal help here

  • If you are detained at an ICE check-in, and you are afraid to return to your country of origin, you can tell as many immigration officers as possible that you are afraid to return to your country of origin and you want to seek asylum. 

Special Immigrant Juvenile Status (SIJS)

  • You can still apply for SIJS as a new applicant. Pending SIJS applications are still being processed. 

  • There is a new $250 fee to apply for SIJS.

  • If you win SIJS, you can immediately apply for a work permit through a process called “deferred action.” In April 2025, the U.S. government tried to end the policy that gave deferred action to people who won SIJS. But a court prevented this change for now.

  • If you currently have a work permit based on SIJS deferred action, your work permit is valid, and you can continue to renew it.

  • If you are granted SIJS, you may be eligible for permanent residence (a green card). However, there are currently long delays. When you apply for a green card, you can apply for a work permit based on the pending green card application.

  • You can apply for asylum or other types of immigration status at the same time as you apply for SIJS. This can be a complicated decision that depends on your specific circumstances.

Parole (updated January 12)

  • The government has stopped accepting new immigrants through these parole programs: CBP One parole, parole for immigrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV), Ukraine (U4U), Afghanistan (OAW), or El Salvador, Guatemala, Honduras, and Colombia (Family Reunification).

  • If you currently have Family Reunification Parole (FRP), your parole and work permit remain valid for now. On December 12, 2025, the government announced that it would end parole on January 14, 2026 for most people who currently have FRP, but immigrants challenged this termination through a lawsuit.  

  • Many people who received CBP One parole or CHNV parole received notices ending their parole and work permits early.

  • If you have parole and you do not already have another pending immigration application, you may want to consider applying before your parole ends, if you are eligible. Some people with parole could be eligible for asylum or other types of immigration status. However, this can be a complicated decision that depends on your specific circumstances. Every time you complete a new application, you are providing updated information to the government that they may not have already.

Birthright citizenship

  • The government is currently required to recognize the U.S. citizenship of all babies born in the United States.

  • On January 20, 2025, President Trump signed an Executive Order that tried to restrict birthright citizenship. Thankfully, the Executive Order is now being blocked by multiple court orders called “injunctions” – including in ASAP members’ case. The Supreme Court will most likely make a decision about the birthright citizenship Executive Order by June or early July 2026. Learn more here.

Leaving the United States (updated January 30)

  • If you want to leave the United States and no longer seek asylum, you can read about things to consider before leaving.

  • Some people can use a government application called “CBP Home” to leave the United States. You can read this guide about CBP Home from another organization. If you are eligible to use CBP Home, you may be able to get help with buying a plane ticket, and receive a stipend once you have left. The stipend is currently $2600. Learn more on this government website.

  • Once you leave the United States, it may be very difficult to return legally in the future, depending on your circumstances, even if you use the CBP Home app.

Travel (updated January 30)

  • Travel within the U.S.: Asylum seekers are allowed to travel within the United States, and many asylum seekers travel by car, bus, train, and airplane without a problem. However, in 2025 and 2026, the risk of arrest and detention has increased significantly. While traveling, you may encounter immigration officials or police officers. They could ask questions about your immigration status or ask for documentation. It is possible that this could result in arrest and detention, even if you have a pending asylum application and a valid work permit. Read more about travel within the U.S.

    • Groups that are at higher risk: If you have a deportation order, the risk of detention while traveling is higher – especially for travel by plane. Read this guide from another organization to learn about other groups that may be at a higher risk of detention and about safety tips for traveling by plane.

    • Documents to carry: If you travel, consider carrying a U.S. ID or other proof of your immigration status. As of May 7, 2025 if you are traveling by plane within the United States, you will need a “REAL ID” such as a work permit or valid passport from any country. Read about documents you can carry and other safety measures.

  • Travel to the United States: The U.S. government has announced several travel and visa restrictions on different countries. Some of the countries have multiple restrictions imposed on them. Learn about each country’s restrictions on this webpage. You can also continue reading to learn more.

  • Travel restrictions for 40 countries: The U.S. government has announced new restrictions on traveling to the U.S. for citizens of 40 countries. Some countries have full restrictions, while others have partial restrictions. 

    • Full Restrictions: Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, the Republic of Congo, Palestine, Sierra Leone, Somalia, South Sudan, Sudan, Syria and Yemen. Citizens of these countries will not be issued immigrant visas (to immigrate to the United States to live permanently) or non-immigrant visas (such as to visit family or to work temporarily in the United States), with some exceptions.  

    • Partial Restrictions: Angola, Antigua and Barbuda, Benin, Burundi, Cote d’Ivoire, Cuba, Dominica, Gabon, the Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. Citizens of these countries will not be issued immigrant visas (to immigrate to the United States to live permanently), and some types of non-immigrant visas (B-1, B2, B-1/B-2, F, M, and J visas), with some exceptions. 

    • Citizens of Turkmenistan: will not be issued immigrant visas (to immigrate to the United States to live permanently), but they may receive non-immigrant visas (such as to visit family or to work temporarily in the United States), with some exceptions.

    • Some of the exceptions include permanent residents (green card holders), people with dual citizenship (if the other citizenship country is not restricted), and people who have valid visas that they received before the restrictions went into effect. 

    • Note: The government first announced travel restrictions for 19 countries in June 2025, and then added travel restrictions for additional countries starting January 1, 2026. The original June restrictions had exceptions for immediate family members of U.S. citizens, adopted children, and people applying for Afghan Special Immigrant Visas (SIVs). But when the government expanded the restrictions in January, they removed these exceptions. 

    • You can find more information about the travel restrictions here, including the current exceptions.

  • Visa bonds: Additionally, citizens of specific countries now need to pay a $5,000-$15,000 “visa bond” to the U.S. government before they can travel to the U.S., if they are granted a tourist or business visa. Those countries are Bhutan, Botswana, the Central African Republic, the Gambia, Guinea, Guinea Bissau, Malawi, Mauritania, Namibia, Sao Tome and Principe, Tanzania, Turkmenistan and Zambia. Beginning on January 21, 2026, citizens of Algeria, Angola, Antigua and Barbuda, Bangladesh, Benin, Burundi, Cabo Verde, Cote d’Ivoire, Cuba, Djibouti, Dominica, Fiji, Gabon, Kyrgyzstan, Nepal, Nigeria, Senegal, Tajikistan, Togo, Tonga, Tuvalu, Uganda, Vanuatu, Venezuela and Zimbabwe will also need to pay these bonds for tourist or business visas. Read more.

  • Visa processing pause for 75 countries: Starting on January 21, 2026, the U.S. government is pausing processing of immigrant visas for 75 countries. Immigrant visas are for people who wish to immigrate to the United States to live permanently. The pause should not affect non-immigrant visas (such as to visit family or to work temporarily in the United States), unless the country is on the list of 40 countries with a different travel restriction explained above. Based on our current understanding, the pause should also only affect people outside the United States, not those already inside the United States. The details of this new policy are not yet clear, and we will update our website when we have more information. You can also read more here. Immigrant families are challenging the visa processing pause through a lawsuit. Read about the lawsuit.

    • The 75 countries are: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen. 

The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.

All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.