Understanding the USCIS Pause on Asylum and Certain Immigration Applications

On December 2, 2025 and January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued policy memos that: 

1. place an indefinite hold on all asylum applications (Form I-589) – no matter what country the applicant is from; 

2. place an indefinite hold on all “benefits requests" made by immigrants from countries named in the Expanded Travel and Immigration Ban; and 

3. require USCIS to re-review benefits requests that were already approved for immigrants from countries named in the Expanded Travel and Immigration Ban, if the immigrants entered the U.S. on or after January 20, 2021; and

4. require USCIS to review of all policies, procedures, and screening and vetting processes for benefit requests for individuals from countries named in the Expanded Travel and Immigration Ban.

December "Expanded Travel and Immigration Ban" (effective January 1, 2026)

• Afghanistan

• Angola
• Antigua and Barbuda
• Benin
• Burkina Faso
• Burundi
• Chad
• Republic of Congo
• Cote d 'Ivoire
• Cuba
• Dominica
• Equatorial Guinea
• Eritrea
• Gabon
• Gambia
• Haiti
• Iran
• Laos
• Libya
• Malawi
• Mali
• Mauritania
• Myanmar
• Niger
• Nigeria
• Palestinian Authority
• Senegal
• Sierra Leone
• Somalia
• South Sudan
• Sudan
• Syria
• Tanzania
• Togo
• Tonga
• Turkmenistan
• Venezuela
• Yemen
• Zambia
• Zimbabwe

For more information about the travel and immigration restrictions on these countries, read our resource page.

We do not know at this time. USCIS has not provided any information about how long this hold will last.

No, the hold only applies to asylum applications filed with USCIS by individuals who are not in removal/ deportation proceedings. These types of asylum applications that are filed only with USCIS and not in immigration court are called “affirmative” asylum applications.

Immigration judges can still grant asylum to individuals who filed asylum applications in immigration court, which are called “defensive” asylum applications. However, please note that there are many changes underway in immigration courts, so it is best to consult with an immigration attorney if you have a case in immigration court and you have filed or plan to file an application for asylum.

Yes. Nothing in the policy suggests that USCIS will refuse to accept new asylum applications. However, during the “hold” or “pause” USCIS will not make decisions on these applications.

If you are not in removal/deportation proceedings, and you were planning to apply for asylum, we recommend that you consult with an immigration lawyer as soon as possible. There is a one-year filing deadline that can make it very difficult to obtain asylum—but not other forms of protection like withholding of removal or Convention Against Torture (CAT) protection—if you do not apply within one year of your last entry into the U.S. 

There are some exceptions to the one-year filing deadline for asylum, but for most people the USCIS memo does not waive the deadline. If you are getting close to or past your deadline to file, it is important that you consult with an immigration lawyer as soon as you can.

It may depend on whether you filed your application with USCIS or made the request directly to an immigration judge.

Asylum applications filed with USCIS: The memo pauses decisions on all asylum applications filed with USCIS, but it does not state whether the agency will still conduct interviews or make decisions on whether to grant or deny asylum applications in the future.

Asylum applications filed in immigration court: The memo should have no effect on immigration courts’ handling of asylum applications, although there have been many recent changes in immigration courts that could impact your case for asylum.

Maybe. It’s not clear whether this memo will impact work permit (also known as an employment authorization document or “EAD”) applications and renewals. The memo does not indicate that work permit renewals will be affected. But if you are from an ‘Expanded Travel and Immigration Ban’ country, USCIS is placing a hold on work permit renewals for asylum applicants, so your renewal will likely be delayed. However, if you applied for asylum and for a work permit, USCIS has made an exception to its “hold” for initial work permits for asylum applicants and your first work permit should not be delayed. 

It depends. If you are not from a country listed on the 'Expanded Travel and Immigration Ban', this new policy should not affect any pending applications you have filed with USCIS or applications you file in the future (except for asylum applications – see above).

The December 2, 2025 USCIS memo gives examples of “benefits requests,” including: 

• Permanent resident (green card) applications
• Applications to preserve residence for naturalization purposes
• Petitions to remove conditions on residence
• Applications for travel documents, parole documents, and arrival/departure records.

The January 1, 2026 memo gives examples of “benefits requests” that are “exceptions” to the hold – meaning the following applications should be processed normally, and not delayed:

• Applications to replace permanent resident cards (green cards)
• Applications to replace naturalization/citizenship documents
• Applications for certificates of citizenship (except for immigrants from Yemen and Somalia)
• Initial applications for work permits (EADs) based on asylum applications, and work permit applications for immigrants who are “public parolees” and who have received deferred action if requested by law enforcement
• Applications for Civil Surgeon Designation (only for physicians who are citizens or nationals of the United States);
• Benefit requests filed by any noncitizen who is an athlete or member of an athletic team, including the coaches, persons performing a necessary support role, and immediate relatives for the purpose of participating in the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;
• Benefit requests that are a priority for law enforcement and where ICE has requested USCIS take adjudicative action to uphold public safety or national security;
• Benefit requests filed by noncitizens whose entry would serve a United States national interest. (The memo provides examples that include a scientist or medical researcher working on a critical public health project, an engineer with specialized skills needed for a key infrastructure initiative, or someone with unique expertise supporting U.S. national security or economic interests).
• Benefit requests, as well as the associated underlying benefits, for any programs that are terminated or discontinued as a result of an Executive Order, Proclamation, Federal Register Notice, or Directive issued by the President, the Secretary of Homeland Security, or the USCIS Director. (This means that USCIS can still make decisions to terminate certain benefits without delay)
• Automatic termination decisions for ancillary or related benefit requests when a noncitizen is granted Legal Permanent Resident status or becomes a naturalized citizen. (This means that USCIS can still make decisions to terminate certain benefits without delay).

The December 2, 2025 memo also states that USCIS screenings, including credible fear interviews and reasonable fear interviews, are not “benefit requests.” But because neither memo specifically defines what a “benefits request” is, we are not sure right now what other applications the USCIS may consider to be within this category.

Maybe. The new policy requires USCIS to “re-review” certain approved “benefit requests” only for individuals from the countries on the Expanded Travel and Immigration Ban list.

It is not clear what exactly it means to “re-review” approved immigration applications. USCIS states that some individuals may be interviewed or re-interviewed, and that some individuals may be referred to ICE. If you have an approved immigration application, and any federal government official contacts you about this application or about your immigration status, we recommend that you contact an immigration attorney as soon as possible.

• ALC
  • Understanding Trump's "Expanded Travel and Immigration Ban"
• ACLU
  • Explainer: Trump Administration’s New Slate of Anti-Immigrant Actions
• International Refugee Assistance Project
  • Explainer on New Trump Administration Policies Impacting Refugees, Asylum Seekers, Afghan Nationals, and Immigrants from Countries Listed in the Travel Ban
  • Legal Information: November/December 2025 Immigration Changes
• Muslims for Just Futures
  • Immigration Policy Updates
  • Authoritarian Ban Hub