At The Law Offices of James A. Welcome, we’ve spent over two decades helping people who flee violence, political persecution, and injustice find safety in the United States. We’ve seen the courage it takes to file an asylum application, the fear that comes with the uncertainty of the process, and the relief when a client is granted protection.

But today, the path to asylum is under direct threat. With the return of President Trump, we are seeing a renewed effort to restrict, fast-track, and politicize the asylum process, often at the expense of due process and human rights. This shift doesn’t just affect new arrivals at the border, it impacts families already here, people with pending claims, and even those who have been living in the U.S. for years under temporary protection.

If you or someone you love is seeking asylum, it is critical to understand your rights and why legal support has never been more important from a trusted immigration Attorney.

What Is Asylum, and Who Qualifies?

Asylum is one of the most powerful forms of humanitarian relief under U.S. immigration law. It exists to protect individuals who cannot return to their home countries because of persecution or a well-founded fear of persecution. But what qualifies as “persecution,” and who determines whether your fear is legitimate? The answers are both legally nuanced and increasingly influenced by shifting political agendas.

At The Law Offices of James A. Welcome, we help clients understand the legal framework behind asylum—and how recent enforcement practices can complicate even the most deserving cases.

Legal Grounds for Asylum

To qualify for asylum, an individual must demonstrate that they have suffered persecution or have a well-founded fear of future persecution based on at least one of five protected grounds:

• Race: Victims of race-based discrimination or violence, such as ethnic minorities or indigenous groups persecuted by government actors or tolerated vigilante groups.
• Religion: Individuals targeted for their religious beliefs or practices, including forced conversions, violence, or government bans on certain faiths.
• Nationality: This may involve discrimination based on ethnic background or cultural identity, especially in areas of civil unrest or nationalist conflict.
• Political Opinion: This is one of the most commonly cited grounds. It applies to individuals who have been persecuted for opposing their government, participating in protests, or even being perceived as politically active—even if they have not taken direct action themselves.
• Membership in a Particular Social Group (PSG): This is the most complex and evolving category. It includes individuals who belong to identifiable social groups within their country that face persecution, such as LGBTQ+ individuals, survivors of domestic violence, whistleblowers, or victims of gang recruitment and extortion.

Affirmative vs. Defensive Asylum

There are two main ways to seek asylum in the United States:

• Affirmative asylum: Filed by individuals who are not currently in removal proceedings. Applicants submit Form I-589 to U.S. Citizenship and Immigration Services (USCIS) and are later interviewed by an asylum officer.
• Defensive asylum: Filed by individuals who are already in removal proceedings before an immigration judge. This includes those who were detained at the border, denied entry, or referred to immigration court after their affirmative claim was not granted.

Both processes carry legal weight, but the defensive route is particularly challenging due to court backlogs, limited preparation time, and the risk of deportation if the case is denied.

The Standard of Proof

Contrary to popular belief, asylum is not automatically granted based on hardship or poverty. The burden is on the applicant to demonstrate that they qualify under the law, using documentation, credible testimony, and expert evidence. You must show that the persecution you fear is real, connected to a protected ground, and that your home country cannot or will not protect you.

Even with a strong case, asylum is discretionary. That means the judge or officer has the legal authority to deny asylum even if you meet the requirements—especially if they believe there are credibility issues, criminal concerns, or public interest reasons to withhold relief.

Enforcement vs. Eligibility: The Growing Disconnect

While the legal definition of asylum hasn’t changed, the Trump administration’s immigration enforcement practices have created new obstacles for those seeking protection. What we see now is a growing disconnect between eligibility under the law and accessibility in practice.

At The Law Offices of James A. Welcome, our attorneys are seeing cases that once would have been granted—cases involving political opposition, gang targeting, or gender-based violence—now dismissed or delayed because of arbitrary enforcement decisions, overwhelmed immigration courts, or a sudden reinterpretation of legal standards.

The Risk of Denial Based on Process, Not Facts

Even individuals with strong claims are increasingly denied because of procedural barriers:

• Filing deadlines missed due to language barriers or lack of access to counsel
• Credible fear interviews conducted within hours of arrival while applicants are still traumatized and confused
• Immigration judges given quotas and pressured to close cases quickly

These procedural hurdles don’t reflect the merits of the claim—but they can determine the outcome.

The Trump Administration’s Strategy: Dismantle Asylum from Within

While the Trump administration has not technically eliminated asylum, its policies aim to make the process so difficult, confusing, and dangerous that many people are forced to abandon their claims or never file at all.

Some of the most concerning actions include:

Raising the Bar for Credible Fear Screenings

People who arrive at the border must undergo a credible fear interview before they can apply for asylum. These screenings were once a low threshold—but under Trump’s directives, they have become an obstacle, with a growing number of applicants failing at this initial stage.

Expanding Expedited Removal

Expedited removal allows immigration officers to deport people without a hearing. Trump has expanded this authority far beyond the border, allowing ICE and CBP officers to act with minimal oversight, even inside the U.S.

Encouraging “Voluntary Return” Through Financial Incentives

The administration’s push for self-deportation—offering migrants $1,000 and paid travel in exchange for withdrawing their claims—is one of the clearest signals that the goal is not a fair legal process, but fewer applicants.

The Legal Consequences of These Actions

These policies do more than just delay or discourage asylum claims—they actively violate the spirit of U.S. asylum law. They deny people the opportunity to present their cases in court, undercut protections for vulnerable populations, and create an immigration system where survival depends more on luck than legal merit.

At The Law Offices of James A. Welcome, we’re already seeing the consequences firsthand:

• Clients are waiting months for interviews and work permits.
• Families are receiving rushed decisions without full hearings.
• Legal standards are being applied inconsistently depending on jurisdiction or officer.

Without skilled legal representation, most people stand little chance of navigating this system—especially now.

Why Immigration Attorneys Matter Now More Than Ever

In this environment, having an experienced immigration attorney is not a luxury—it’s a lifeline.

Our team helps asylum seekers:

• Document their persecution clearly and thoroughly
• Meet all legal and procedural deadlines
• Present a strong, organized case in court
• Respond to sudden policy changes that might affect eligibility
• Explore alternate options if asylum is denied

We’ve seen asylum seekers win their cases not because they had the most dramatic story—but because their story was supported by evidence, filed correctly, and defended with care. That’s what a skilled attorney provides.

Common Questions from Asylum Seekers 

Q: Can I still apply for asylum if I crossed the border without permission?

Yes. Asylum is available regardless of how you entered the country. Even if you crossed without inspection or are now in removal proceedings, you may still apply—as long as you meet the one-year filing deadline or qualify for an exception.

Q: What if I already have a pending asylum case—can it be denied now?

Pending cases are still being reviewed, but the policies around how they’re judged have changed. That’s why it’s critical to stay in contact with your attorney, update your evidence, and prepare for your hearing as thoroughly as possible.

Q: What if I fail the credible fear interview?

If you fail the interview, you may be placed in expedited removal. However, you can request a review by an immigration judge. An attorney can guide you through that process and help you prepare.

Q: Can I work while my asylum case is pending?

Yes—but you must first apply for employment authorization. In most cases, you must wait 150 days after filing your asylum application before applying, and processing can take additional time. Your attorney can help ensure timely and accurate filing.

Why This Fight Matters—Now and Long-Term

The Trump administration’s actions are not just about reducing numbers at the border. They are part of a broader strategy to undermine legal immigration pathways, silence asylum seekers, and limit access to due process.

But the right to seek asylum is part of what defines the United States as a nation of laws—and of conscience. Turning away from that responsibility doesn’t just harm individuals—it weakens our commitment to justice and our standing in the world.

At The Law Offices of James A. Welcome, we believe in standing up for what’s right. That means fighting back against unfair deportations, helping clients prepare strong asylum claims, and ensuring every individual who fears persecution abroad has the chance to be heard here.

Final Thoughts and How to Protect Yourself

If you or someone you know is seeking asylum, here’s what we urge you to do:

• Don’t wait. Policy changes can happen quickly and without warning.
• Stay informed. Rely on trusted legal sources, not social media or rumors.
• Avoid signing anything without legal advice. You could unknowingly waive your rights.
• Keep all documents, notices, and receipts. They’re critical for your case.
• Call a qualified immigration attorney. Representation can make the difference between safety and removal.

We’re Here to Fight for Your Future

At The Law Offices of James A. Welcome, we fight for immigrants. We understand that behind every asylum case is a life disrupted by violence, fear, or injustice. That’s why we take the time to listen, to prepare, and to stand by you through every step of the legal process. In a system that too often feels overwhelming or stacked against you, our team is here to level the playing field.

We’ve helped clients from all over the world seek safety and start new lives in the United States. Whether your case is just beginning or facing new obstacles under today’s policies, we are ready to guide you forward with clarity, care, and determination.

Call us at (203) 753-7300 or visit www.welcomelawfirm.com to schedule a confidential consultation.

We proudly serve clients in English, Spanish, and Portuguese. Your right to asylum is worth defending—and we’re here to help you do it.