Trump rewires US asylum system with quiet legal end-runs

In a sweeping and controversial move, the Trump administration is pushing to cancel thousands of active asylum cases in immigration courts, and that’s got lawyers, advocates and migrants talking.

According to internal data obtained by CBS News, attorneys from US Immigration and Customs Enforcement (ICE) have filed more than 8,000 motions asking judges to dismiss asylum claims without ever hearing them on their merits.

What’s unusual is the tactic they’re using: ICE is arguing that asylum seekers can be deported to so-called “third countries”—nations that aren’t their home countries—and asking judges to send migrants there instead of letting their US asylum cases move forward.

The documents reviewed include requests to send asylum seekers to places like Guatemala, Honduras, Ecuador and Uganda. If judges agree, the asylum cases could be wiped off the docket and the migrants deported abroad, even if they never set foot in their home countries again.

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It’s all part of what observers describe as a broader effort to reshape the US immigration system and reduce the number of people gaining refuge through asylum. Immigration lawyers say the strategy is effectively cutting off people’s chance to argue their cases here, forcing them to fight for protection in other nations where they may have no ties or support.

Also read | 'Best gift': US offers $3,000, paid flights to undocumented migrants who self-deport

Critics have concerns

Critics argue this approach sidesteps long-standing asylum protections and due process. Some immigration advocates warn that sending asylum seekers to third countries could place them in dangerous or unfamiliar situations, a concern heightened by the lack of formal assurances about safety once deportees reach those destinations.

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Inside the courts, lawyers say the filings are popping up with little notice, sometimes just days before hearings are scheduled to take place, leaving little time to mount a defence.

The Department of Homeland Security has defended the policy, saying it’s using “lawful tools” to address system backlogs and curb what it calls abuse of the asylum system. They argue arrangements with partner countries are designed to ensure asylum claims are fairly considered, just not in the United States.