In April 2025, the Executive Office for Immigration Review(EOIR) in the United States issued a memorandum authorizing immigration judges to dismiss asylum applications without a hearing, provided the application lacks minimal legal grounds and there are no disputes over the facts presented.
This measure seeks to streamline the process in an immigration court system that faces a backlog of nearly 4 million pending cases.
New policy
The memorandum states that judges may “pretermit”-that is, omit or dismiss-asylum claims to the United States that, on their face, do not meet basic legal requirements.
This includes cases where:
The application was submitted outside the one-year period without a valid justification.
No clear connection is demonstrated with the five grounds protected by asylum law: persecution based on race, religion, nationality, political opinion or membership in a particular social group.
The applicant has a criminal record that automatically disqualifies him/her.
Previously, even applications with formal flaws were considered at hearings to allow applicants to explain their case.
Applications may now be rejected based solely on the documents submitted.
Impact on the immigration justice system
Buzzy
The measure is implemented in a context of crisis in the immigration courts.
As of April 2025, there were more than 3.9 million cases pending, including 1.7 million applications for asylum to the United States, and approximately 700 judges to resolve them.
Most of these cases are concentrated in states such as Florida, Texas, California, New York and Illinois.
The EOIR argues that this policy will allow judges to manage their dockets more efficiently.
Focusing on cases with solid legal grounds and reducing the waiting time for applicants.
What are your options?
If a judge denies an asylum application without a hearing, the applicant has 30 days to file an appeal with the Board of Immigration Appeals (BIA). This appeal may be filed directly by the applicant or through an attorney.
Applications can now be dismissed based solely on the documents submitted
QueOnnda.com
It is critical that asylum seekers to the United States carefully prepare their applications.
Ensuring that they comply with all legal requirements and submitting the necessary documentation to support their case.
Having specialized legal advice can be decisive for the success of the application.
For more information, visit QueOnnda.com.
