Asylum-seekers increasingly face detention while their cases proceed, in a departure from the past

Asylum Seekers Face Detention Amid Shift in Immigration Policy

Under the Trump administration, asylum seekers without criminal records are increasingly being detained nationwide, disrupting their ability to work and establish lives while their cases are processed. This approach marks a significant change from earlier practices, where applicants could reside in U.S. communities and maintain their daily routines during legal proceedings.

Legal experts and advocates have noted a pattern in these detentions. Many individuals are apprehended unexpectedly, often after simple errands or during routine trips to work. Their sudden removal into ICE’s detention system creates uncertainty, with harsh conditions and a more confrontational immigration process reported by families and attorneys.

“This is absolutely unprecedented,” said Robin Nice, an attorney, describing how six of her clients were detained despite having no criminal history. “We talked about it in the same way as getting struck by lightning.”

The arrests span multiple states, including Minnesota, New York, Virginia, Ohio, Oklahoma, Maine, Alaska, Wisconsin, California, and Texas. Some were caught while finishing work shifts, others while driving to their jobs, and even one on a trip to purchase medicine and groceries. A case in point: an individual was detained while en route to secure a U.S. passport for their newborn.

Asylum seekers arrive in the U.S. from diverse global backgrounds, often fleeing conflict, persecution, or political instability. As of December, over 2.3 million immigrants were awaiting asylum hearings, a figure that has steadily risen in recent years. The approval rate for asylum grants fluctuates annually, with 28,000 out of 118,000 applicants receiving it between October 2024 and September 2025.

DHS officials argue that the backlog includes many “meritless applications” and emphasize that pending asylum cases do not grant legal status. They maintain that individuals who enter the country illegally are subject to detention or deportation, ensuring they receive due process. “USCIS’ top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States,” a statement from the department said.

Advocates, however, criticize the new policy as harmful and unnecessary. They highlight that asylum seekers are already known to the government and regularly attend check-ins. “It destroys people’s sense of stability as they are trying to do the right thing,” said Elora Mukherjee, a Columbia Law School professor. “Clients detained from New Jersey to Texas have given up on their cases because conditions are so unbearable.”

Tatiana, a member of the Asylum Seeker Advocacy Project, recounted how her husband’s life in Florida was upended in December. He was on his way to work as a handyman when he never returned home. The couple fled Ecuador and now seeks asylum, citing political threats that endangered their lives. Tatiana requested her full name be withheld due to fears of immigration retaliation.