US Tightens Stance on Asylum, Issues Warning to Immigrants

The US government is taking a harder line on asylum applications, as millions of immigrants continue to wait for a decision on their cases.

A document from the Department of Homeland Security (DHS), sent to the American Immigration Lawyers Association (AILA) and obtained by N+ Univision, emphasizes that asylum is a discretionary benefit.

This means that meeting eligibility requirements does not automatically obligate the government to grant protection.

Millions of Cases Remain Pending

According to the document, as of July 2026, there were approximately 3.5 million pending cases in immigration courts, including around 2.3 million defensive asylum applications.

The DHS considers that numerous petitions do not meet the necessary grounds and contribute to the huge delay in the system. Lawyers consulted by N+ Univision question this generalization and point out that each case must be evaluated individually.

Who Can Obtain Asylum?

To qualify, a person must demonstrate a well-founded fear of persecution related to protected grounds under the law, such as race, religion, nationality, membership in a particular social group, or political opinion.

The DHS also warns that economic problems, widespread crime, or certain situations related to gangs and domestic violence are not necessarily enough to obtain protection.

Additionally, authorities may consider whether the applicant has the possibility of safely relocating to another region within their own country.

DHS Warns About Frivolous Applications

The document also alerts to severe consequences for those who submit applications considered frivolous and possible sanctions for lawyers involved in such cases.

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Experts cited by N+ Univision emphasize, however, that losing an asylum case does not automatically mean that the application was fraudulent.