New Asylum Rules Raise Serious Due Process Concerns

In 2025, U.S. asylum policies have shifted dramatically compared to key immigration changes from the last two years, including credible fear standards, the “Lawful Pathways” rule, and expedited removal, to what’s happening now.

The Rules Are Changing, But Your Rights Still Matter

Over the past two years, the U.S. asylum system has gone through some of the most aggressive policy changes in decades. From the introduction of the “Lawful Pathways” rule in 2023 to the expansion of expedited removal in 2025, many asylum seekers, especially Arabic-speaking immigrants, now face higher legal barriers, shorter timelines, and fewer protections.

At Kareem El Nemr Law Office, we’ve helped clients in New York, New Jersey, and across the country navigate these rapid changes, stay out of detention, and fight for their right to remain in the United States.

What Changed in the U.S. Asylum System?

Policy Area	2023–2024	2025
Lawful Pathways Rule	Introduced in May 2023, barred most asylum seekers who didn’t use CBP One or apply in a transit country.	Still in effect, legal challenge ongoing, but applied to all border entries until at least May 2025.
Border Entry Suspensions	Announced June 2024. Border closures are triggered by daily migrant numbers.	Actively used to shut down asylum access during high-volume weeks. Fast removals now occur without hearings.
Credible Fear Interviews (CFIs)	CBP began using a stricter “shout test” standard. Higher screening thresholds are applied to some.	The “shout test” is still used. Even more interviews now happen while detained, with no guaranteed legal help.
Access to Counsel	Legal access during CFIs was limited, especially in CBP custody.	Many asylum seekers are interviewed in isolation or over the phone, without an attorney.
Expedited Removal	Applied only near the border or within 14 days of entry.	As of January 2025, it applies nationwide to noncitizens arrested within 2 years of entry. No court hearing required.
Due Process & Detention	Due process rights are debated, but upheld in many cases with strong legal representation.	Many detained immigrants are being removed before they even see a judge. ICE arrests have increased at check-ins and courthouses.

2025 Spotlight: Expanded Expedited Removal

A major development this year is the nationwide expansion of expedited removal, allowing ICE to deport undocumented immigrants:

• Anywhere in the U.S. (not just near the border)
• If they entered within the last two years
• Without a hearing before a judge

This fast-track process is often used against people with pending asylum or adjustment of status applications. Even people dismissed from court due to legal relief have been re-detained and removed, sometimes within 24–48 hours.

Why This Matters: Due Process is Disappearing

Due process means you should have:

• A chance to explain your situation
• Legal representation
• A hearing before you’re deported

But under these new policies, you could be detained and removed without warning, even if you have a pending asylum case, TPS, U visa, or family petition.

Many asylum seekers are being punished for how they arrived, not whether their fear is real. These rules are designed to deter people from seeking protection, not to evaluate their stories fairly.

What You Can Do:

If you or someone you know is:

• Waiting on an asylum decision
• Facing a motion to reopen
• Detained or at risk of arrest
• Unsure whether the new rules apply

Here’s what to do:

1. Do not wait. Time is critical under 2025’s fast-track policies.
2. Get legal support. Never go to a check-in or court without representation.
3. Prepare evidence. Collect documents proving community ties, eligibility, and pending applications.
4. Speak up. If you fear returning to your home country, state it clearly at every opportunity.

A System in Crisis, But You Are Not Alone

The U.S. asylum system in 2025 is more restricted than ever, but your rights still exist, and legal help makes all the difference. Whether you’re detained, waiting for an interview, or facing deportation, you don’t have to go through it alone.