UPDATE: As of now, Bay Area immigration courts are rejecting asylum claims at a staggering rate of 54%, nearly double the 26% denial rate seen under the Biden administration. This alarming increase comes as federal immigration judges push to clear case backlogs while facing unprecedented pressure from the Trump administration.
From February to August of this year, judges in San Francisco and Concord denied 2,190 out of 4,019 asylum cases, according to the latest data from the University of Syracuse’s Transactional Records Access Clearinghouse. In stark contrast, during the previous seven months under Biden, only 26% of 3,355 cases were denied.
Immigration experts attribute this surge to new restrictions imposed by the Trump administration as part of a sweeping immigration crackdown. Many asylum seekers now report a “sense of hopelessness” and “fear,” according to Milli Atkinson, director of the Immigrant Legal Defense Program at the San Francisco Bar Association.
Asylum is crucial for individuals fleeing persecution due to race, religion, nationality, political opinion, or social group membership. Yet, the Trump administration has accused the Biden administration of compromising public safety by allowing what they claim is rampant abuse of the asylum system.
In a recent statement, Homeland Security Secretary Kristi Noem committed to a thorough vetting process for all asylum applications, particularly in light of a deadly shooting involving an Afghan man who had previously been granted asylum. “We are going to go through every single person that has a pending asylum claim,” she said during her interview with NBC News on November 30.
While the San Francisco immigration court continues its regular operations, the U.S. Citizenship and Immigration Services has announced a memo suspending a process for those seeking asylum without a pending deportation case. This decision could have significant consequences for asylum seekers as they navigate the complexities of immigration law.
The Trump administration has also dismissed approximately 90 immigration judges nationwide in recent months, with at least 11 judges removed from San Francisco and three from Concord. Currently, San Francisco is left with just nine judges and Concord with seven, raising concerns about the ability to handle the ongoing caseload.
Jeremiah Johnson, one of the judges fired last month, reported working long hours to manage an increased caseload. “No reason was provided to any of the judges who have been fired,” Johnson stated, suspecting it was due to their commitment to ensuring fair hearings for asylum seekers.
Despite the rising denial rates, the Bay Area’s figures remain lower than the national average, where 80% of asylum claims were denied in August alone, a sharp increase from 59% the previous year. Nationally, denial rates have soared to over 9,000 monthly, the highest in over a decade, according to Syracuse data.
Atkinson highlights that while many asylum seekers in the Bay Area have legal representation that may improve their chances, the harsh reality remains that many are surrendering their claims due to fear of detention and potential family separations. One mother, for example, chose to abandon her asylum claim rather than risk being separated from her children.
As the situation continues to develop, stakeholders in immigration law are closely monitoring the implications of these changes, especially regarding potential new directives from the Trump administration. The urgency of these developments underscores the critical state of asylum claims in the Bay Area and nationwide.
Keep an eye on this evolving situation as it holds profound implications for countless individuals seeking refuge in the U.S.
