Immigrant Ally

Asylum Freeze: What You Need to Know

Plain-language guide for people affected by US asylum policy changes.

⚠️ Important: Rapidly Changing Law

Asylum and refugee policy is changing rapidly due to court rulings. A federal court struck down the main USCIS freeze policy in June 2026, but the government may appeal and seek a stay. The information here reflects the situation as of June 2026. Always verify the current status with a legal organization before taking any action.

ℹ️ On This Page

  • •What the asylum freeze is and its two layers
  • •Which ~39 countries are affected
  • •Active court challenges and their current status
  • •What the freeze means for pending cases and EAD renewals
  • •Free legal organizations that can help

What Is the Asylum Freeze?

Since January 2025, the Trump administration has taken a series of actions that have effectively frozen the US asylum system for many people. There are two separate layers to understand: entry bans that block nationals of certain countries from entering the United States, and processing holds that freeze pending applications even for people already inside the US.

Layer 1 — Entry Bans

Presidential Proclamations 10949 (June 4, 2025) and 10998 (December 16, 2025) block nationals of certain countries from entering the United States. Even if you are already inside the US, traveling outside the country could prevent re-entry. These proclamations contain a legal carve-out stating they do not limit the ability to seek asylum — but the processing hold below has undermined this in practice.

Layer 2 — USCIS Processing Hold

USCIS Policy Memos PM-602-0192 (December 2, 2025) and PM-602-0194 (January 1, 2026) placed a hold on processing all immigration benefits — including asylum decisions, work permits (EADs), green cards, and travel documents — for nationals of approximately 39 countries. This hold affects people already inside the US with pending applications, separate from the entry bans above.

⚖️ A federal court struck down all four USCIS freeze policies on June 5, 2026 (Dorcas International Institute v. USCIS). This ruling is nationwide but may be appealed. Verify current status with a legal organization.

Affected Countries (~39 Nations)

⛔ Full Entry Ban

Nationals of these countries face a complete entry ban and their pending USCIS applications are on hold.

  • • Afghanistan
  • • Burkina Faso
  • • Burma (Myanmar)
  • • Chad
  • • Republic of Congo
  • • Equatorial Guinea
  • • Eritrea
  • • Haiti
  • • Iran
  • • Laos
  • • Libya
  • • Mali
  • • Niger
  • • Palestinian Authority
  • • Sierra Leone
  • • Somalia
  • • South Sudan
  • • Sudan
  • • Syria
  • • Yemen

⚠️ Partial Ban + Processing Hold

Nationals of these countries face restrictions on certain visa categories and are also subject to the USCIS processing hold.

  • • Angola
  • • Antigua and Barbuda
  • • Benin
  • • Burundi
  • • Côte d'Ivoire
  • • Cuba
  • • Dominica
  • • Gabon
  • • The Gambia
  • • Malawi
  • • Mauritania
  • • Nigeria
  • • Senegal
  • • Tanzania
  • • Togo
  • • Tonga
  • • Turkmenistan
  • • Venezuela
  • • Zambia
  • • Zimbabwe

📋 If You Have a Pending Asylum Case

A paused case does not mean you are undocumented or deportable. While your application is pending with USCIS, you generally do not accrue "unlawful presence." However, there are important deadlines and actions you should take.

  • →A paused case does NOT make you undocumented or deportable on its own.
  • →Keep all USCIS receipt notices (Form I-797) — do not lose these. They are proof your case is pending.
  • →The one-year filing deadline is NOT paused. If you have not filed for asylum yet, you must generally file within one year of entry into the US.
  • →Cases in immigration court (EOIR) are on a separate track from affirmative asylum at USCIS. The USCIS hold may not directly apply to your EOIR case.
  • →The $100 annual asylum fee (signed into law July 4, 2025) applies to all pending I-589 applications. USCIS began collecting it in February 2026.
  • →As of June 2026, a court has struck down the freeze policies — but verify the current status before acting on this.

💼 If Your Work Permit (EAD) Is Expiring

EAD (work permit) renewal is the most urgent practical concern for many people affected by the freeze. Key dates changed significantly in 2025–2026.

  • →File your EAD renewal as early as possible — at least 6 months before expiration.
  • →Automatic EAD extensions ended October 30, 2025. The old rule allowed up to 540 days of automatic extension. That protection is now gone for new filings.
  • →Work permits issued after December 4, 2025 are valid for only 18 months (down from 5 years).
  • →Initial (first-time) EADs were generally exempted from the freeze — only renewals were affected.
  • →If your EAD expires during a freeze: you cannot legally work until it is renewed. There is no automatic gap protection under current rules.
  • →Tell your employer if your EAD is at risk. Document that any delays are government-caused, not your choice.

Recommended Next Steps

  1. 1

    Get legal help immediately

    Urgent

    Especially if you are approaching any deadline — the one-year filing deadline, EAD expiration, or an immigration court date. Free legal organizations are listed below. Do not wait.

  2. 2

    Respond to all official notices

    Urgent

    Even if your case is "on hold," respond to all USCIS and immigration court notices promptly. Ignoring a notice can result in a case being dismissed or an order of removal.

  3. 3

    Keep copies of everything

    Important

    Save all applications, receipt notices (Form I-797), and any USCIS or court correspondence. Store digital copies in a safe location accessible to a trusted person.

  4. 4

    Check whether the Dorcas ruling is still in effect

    Important

    The June 2026 court ruling struck down the USCIS freeze nationwide — but the government is expected to appeal and may seek a stay. Verify the current status with a legal organization before assuming the freeze is over.

  5. 5

    Ask about alternative protections

    Important

    Withholding of Removal and Convention Against Torture (CAT) protection are separate from asylum and may not be subject to the same holds. Special Immigrant Juvenile Status (SIJS) and U visas are also different. Ask a lawyer whether another form of protection may be available to you.

  6. 6

    Do not travel outside the US without legal advice

    Note

    If you are from a country subject to the entry ban, traveling outside the US may prevent you from returning, even with a valid visa or pending case. Consult an attorney before any international travel.