--- title: Trump Administration Making It Harder to Get Asylum description: Immigration lawyers say the Trump Administration is making it harder for migrants to claim asylum in the United States. canonical: https://time.com/5404850/immigration-asylum-credible-fear/ author: The Texas Tribune article:opinion: false article:content_tier: free article:published_time: 2018-09-25T04:01:08.000Z article:modified_time: 2026-08-04T07:53:10.151Z article:section: Politics og:title: Migrants Get a Second Chance at Asylum. But It's Still an Uphill Battle og:description: Immigration lawyers say the Trump Administration is making it harder. og:url: https://time.com/5404850/immigration-asylum-credible-fear/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb2e60fae76349f29/69893afce76ad203e2633119/migrants-second-chance-asylum-trump.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 4500 og:image:height: 2531 og:image:alt: immigration-migrants-asylum og:type: article twitter:card: summary_large_image twitter:title: Migrants Get a Second Chance at Asylum. But It's Still an Uphill Battle twitter:description: Immigration lawyers say the Trump Administration is making it harder. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltb2e60fae76349f29/69893afce76ad203e2633119/migrants-second-chance-asylum-trump.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Migrants Get a Second Chance at Asylum. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=322edd97-3cb7-4238-9f64-8f53181ce043&cr=time-nl-network-2026q3-v1) ## Video: Welcome to America [Watch (HLS stream): Welcome to America](https://cdn.jwplayer.com/manifests/ZgNt7Wqd.m3u8) (23:11)  _Published 2018-07-24. A group of activists decide to take matters into their own hands after thousands of children are separated from their parents at the border._ by [Hannah Wiley / The Texas Tribune](https://time.com/author/texas-tribune/) ## Hannah Wiley / The Texas Tribune Sep 25, 2018 4:01 AM UTC  A mother from Guatemala, identified only by initials L.J., who was separated from her two children after entering the U.S. in May of 2018, is tearful while speaking to reporters about the separation during a news conference in Boston on Sept. 6, 2018. A mother from Guatemala, identified only by initials L.J., who was separated from her two children after entering the U.S. in May of 2018, is tearful while speaking to reporters about the separation during a news conference in Boston on Sept. 6, 2018. Steven Senne/AP/REX/Shutterstock by [Hannah Wiley / The Texas Tribune](https://time.com/author/texas-tribune/) ## Hannah Wiley / The Texas Tribune Sep 25, 2018 4:01 AM UTC Ruby Powers didn’t rush to celebrate when her client, a Honduran mother who has been separated from her 15-year-old son and detained for four months, passed her second “credible fear” interview to restart the asylum process. Although the president and the American Civil Liberties Union have come to an agreement giving migrant families separated at the border this summer [a second chance to make their case ](https://protect-us.mimecast.com/s/UBWGCKrGr9FNQ3ZGcM-ey5?domain=texastribune.org)for staying in the country, immigration lawyers say the Trump administration is still working overtime to upend the [nation’s asylum process](https://protect-us.mimecast.com/s/2dPzCL9G9WFr0ElZTq8TUv?domain=texastribune.org). And while a few hundred people may get a second chance at asylum, there are likely tens of thousands of asylum-seekers who will be subject to a tightened asylum process. “It’s infinitely harder on all levels,” Powers said. “With the chipping away of the asylum law, it’s an uphill battle to try to get an approval.” The primary source of their unease? U.S. Attorney General Jeff Sessions, who has fought hard to tighten his grip over the asylum process through this summer’s since-overturned “[zero-tolerance](https://protect-us.mimecast.com/s/-fjACM8X8WF1pEvAsJ382h?domain=texastribune.org)” policy that separated migrant parents from their kids; his overt criticism of Trump’s decision to return to “[catch and release](https://protect-us.mimecast.com/s/ORITCNkGkWT8YvwGuRRLIN?domain=texastribune.org),” where undocumented immigrants are not immediately deported; and his June announcement that removes domestic abuse and gang violence from consideration in most asylum cases. There is also a federal effort afoot to change the [Flores Settlement Agreement](https://protect-us.mimecast.com/s/-BgyCOYGY6HjDqEytP0ypG?domain=texastribune.org), which prohibits the federal government from detaining migrant children for longer than 20 days. As recently as Sept. 18, Sessions said he’s [considering reviewing a case ](https://protect-us.mimecast.com/s/k90mCPNGNWuRByJkUrduQZ?domain=justice.gov)that would remove immigration judges’ power to release detainees on bond. If reversed, the result could be prolonged detention for immigrants who are awaiting asylum hearings. With a [backlog](https://protect-us.mimecast.com/s/E-aqCQWXWgFpnzJyc9yw%5FF?domain=texastribune.org) totaling nearly 750,000 cases as of the end of August, asylum-seekers might face months, even years, in detention. Sessions has called for greater scrutiny of asylum cases, arguing that once asylum-seekers have their “credible fear” interview and are released into the United States, they often [“simply disappear”](https://protect-us.mimecast.com/s/pb1dCR6X6jh1w7yzs0J6LF?domain=justice.gov) and fail to show up to their ensuing immigration hearings. “The asylum system has been abused for years to the detriment of the rule of law, sound public policy and public safety — and to the detriment of people with just claims,” Sessions said in a [speech](https://protect-us.mimecast.com/s/XfCwCVOWOnC6VOzRUrdjs%5F?domain=justice.gov) to immigration judges early this month. He also cautioned immigration judges to be vigilant of “unjustified and sometimes blatantly fake \[asylum\] claims.” “He’s trying to erode the right to asylum,” said Liz Willis, a fellow at the Asylum Seeker Advocacy Project, which works to prevent the deportation of migrant families. “And he’s doing it effectively.” Asylum [denial rates are at a 12-year high](http://protect-us.mimecast.com/s/2BC-CW616ohK1lNWuBWvkX?domain=trac.syr.edu). According to Syracuse University’s Transactional Records Access Clearinghouse (TRAC), a repository of federal immigration data, more than 61 percent of asylum claims were rejected last year. And fewer individuals are passing the “credible fear” interview, one of the initial and most essential steps in the asylum process. A [July TRAC report](http://protect-us.mimecast.com/s/ayFkCXDPDpIRlpkzUxcpEq?domain=trac.syr.edu) noted that court findings of credible fear “began to plummet” in January 2018\. By June of this year, there was a “credible fear” finding in only 14.7 percent of cases,down from 32.7 percent in June 2017. The asylum process was notoriously complicated long before Sessions. “The interviews are not that long, you don’t get that much time to talk, and sometimes the asylum officers don’t ask follow-up questions that might be helpful for you to understand what you’re supposed to explain and go into detail about,” Willis said. Separating families under “zero-tolerance” compounded the trauma, she added, and certainly didn’t help asylum-seekers in their “credible fear” interviews, if they even had them. Many [migrants were deported](https://protect-us.mimecast.com/s/m9MACYEZEqTqKGj4urH%5FFU?domain=texastribune.org) before getting the opportunity. In Powers’ case, the Honduran mother’s successful second “credible fear” interview doesn’t guarantee a successful asylum case; it’s merely the first step in a seemingly never-ending process. She’s still being detained in a detention complex in Pearsall, in South Texas, with no release date. She only found legal representation three weeks ago. And though her son was released to a family member in the United States, she hasn’t seen him since they were separated. “Being detained, being in a fishbowl, being traumatized, not being reunited \[with her son\], that’s hindering our ability to build the best asylum case that we can,” Powers said. Even with a second chance at asylum for separated parents, more hurdles await in the courts. Eleanor Acer, the director of Human Rights First’s Refugee Protection Program, which recruits and trains lawyers to represent migrants pro bono, said there’s worry over [how much influence ](https://protect-us.mimecast.com/s/XtnwCZ6g6rhL1OXphV86XY?domain=texastribune.org)Sessions has on the judges who make asylum decisions. Sessions’ end goal, Acer believes, is to deter asylum-seekers from coming to the United States, “whether it’s through criminal prosecutions, or extended detention, or literally now trying to change the law to prevent them from receiving asylum at the end of the day.” Representatives for the Justice Department declined to comment for this article. But speaking to the immigration judges earlier this month, Sessions cautioned that he expected quick work from their courts, with an emphasis on prosecution. “As we work to restore rule of law in our immigration system, we will send a clear message to the world that the lawless practices of the past are over,” he said. ## Transcript [ MUSIC ] Along the Southern border hundred of children remains separated from their parents. That's the situation for Yelly Marcel Gonzales Garcia living that kind of nightmare. After 43 days in the custody of U. S. immigration authority. Yeni Gonzalez was released on bail. The bail was paid by some families, mothers who are in New York city. She's making her way to New York to find her kids. It has been very difficult, very hard for me. I felt that my heart broke into a thousand pieces. They snatched my children from my arms. [ MUSIC ] [ MUSIC ] [ MUSIC ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] I actually heard about Yeni through a text message, someone who is close with one of the organizers said hey someone is going to be released from detention tomorrow night, can you help coordinate transportation to Albuquerque And can you be there, Eloy, to support? And so I said, yeah for sure, I'm in. It really started as soon as I heard Jenny's lawyer talking about the fact that he knew she was in Eloy in Arizona. She knew that her kids were at Cuyahoga in New York. And he said she could actually go through her whole immigration proceedings in New York. If she could just get to New York from Arizona. And I thought certainly within my own community of friends and family and acquaintances that it would be possible to do that for one person. And so why not try? When we got in the car it was just quiet for a little bit. And And she would kinda ask questions and say things and she definitely appreciated the beauty of the desert and then some of the flatlands. She was like, isn't that pretty? So that was a lot of conversation, but for the most part it was quiet. Watching her from the rearview mirror just looking out in the distance and Such a focused look. And I don't know if she was imagining what she had been through. If she was thinking of what she's about to go through, but I just know it was focused and it was strong. [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] Yes, yes. Jameli? I'm here. The man showed us a photo of when we were all together, and I just wanted to cry. What? [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] Deyuin keeps crying too. He cries, and cries, and cries. And this morning, I was putting on my socks, and he hit me in the head. And he needed to put on his socks and shoes too. [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ SOUND ] [ BLANK_AUDIO ] [ FOREIGN ] I just want to hug them and kiss them. It's just so hard. I just want them by my side already and to never be separated from them again. [ SOUND ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] [ INAUDIBLE ] I think it's just all getting to me- [ BLANK_AUDIO ] Her story, everyone else's that were not here. I don't know why, but just seeing how beautiful [ BLANK_AUDIO ] Yesterday how she said she hadn't been outside. [ SOUND ] I guess it finally got to me. [ SOUND ] [ FOREIGN ] > [ FOREIGN ] [ FOREIGN ] When I had dropped off in Albuquerque it was very weird, it was someone that I didn't even know for 24 hours, and it was just a feeling of. A feeling of hope, a feeling of helplessness, a feeling of worry. We don't know what's gonna happen. But just a feeling of I wanted her to be OK. [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] What is driving through the night? What is driving five hours Through the line. What is that compare to what Jenny must have experienced? Bringing three kids from Guatemala through Mexico through the Arizona desert. I mean, there's just ridiculous to think that five hours. Driving in the night is, how is that? [ BLANK_AUDIO ] An inconvenience, or a struggle of any kind. You know what this feels like to me? This feels like a modern day underground railroad Road is what it feels like to me. Even though Yenni is travelling legally to New York city, the fact that she doesn't have enough documentation that would allow her to travel by plane or by bus So this system of drivers and hosts along the way, people opening up their Houses as refuge, it just, [ MUSIC ] It seems like a perfect parallel to the underground railroad, like trying to move a vulnerable body to a safer place. [ MUSIC ] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] How do you say, how do you say We are sorry for our President, and our laws. And sorry. [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] So, how do you say, [ LAUGH ], I am also an immigrant? [ FOREIGN ] That's one of the general baseline rules. Like you don't mess with kids, right? Like, you don't mess with babies, you don't make them pawns. And I that that was something that for I think many, many people who maybe don't normally consider themselves activists or they don't consider themselves to be political necessarily. It touched something in them and it made them want to act. I think she knew people were gonna drive her across the country. I don't think she was expecting as much care and as much attention. Definitely not as much attention. But it was touching for her. Many of us didn't know each other before this week, and it was just incredible. How many people just acted, they showed up, and they said, I'm here to do this, just tell me what to do and I'll do it. And they did, and there was Nobody had this sort of, guide that ship. Everybody was going with it together. [ MUSIC ] From the beginning the idea was never solely To just do this for one person. It was if this works, which would be a miracle, can it be replicated? You want to tell us who to call? Yeah, sorry. [ LAUGH ] Okay, so our official name now is immigrant Families Together. Let's maybe turn for a minute to our plan for Monday. I just wanna re- emphasize every single person in this room right now and every single person on this call right now has Jenny's best interest at heart. We wanna stage maybe six spots along the route once they come into New York. Where we have hundreds of people waiting with welcome signs along these spots on the route. So it's really critical that we have massive turnout at each of these spots so that it becomes something that is impactful. i said on Facebook yesterday that I've gone to bed every night this week totally awed by all of you and what you bring to the table. And A former social worker, I've been involved in social justice since I was a child. And I've never seen anything like this. Julie wants a picture. Can I send her a picture? [ LAUGH ] Right here? [ BLANK_AUDIO ] [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] I am friends will Julie, who started the campaign in New York. And so she had told me that they needed a driver from Pittsburgh to New York on the last stretch, or the second to last stretch. And so we immediately jumped at the chance. I think we've both been so Desperate to contribute in some sort of positive way to this catastrophic situation. All right. [ FOREIGN ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] I grew up in a tiny village in Mexico and some of my family members migrated to the North or [ FOREIGN ], illegally without papers. This was like in the 90s so things were a little bit different at that time. And I was lucky that I was able to do it. Legally, to have the opportunity, so I just feel like there's a lot for me to pay off, to pay back. [ FOREIGN ] [ MUSIC ] [ MUSIC ] [ FOREIGN ] [ MUSIC ] [ FOREIGN ] [ MUSIC ] [ BLANK_AUDIO ] [ FOREIGN ] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] When I got home there was a call and we were talking about everything that was gonna happen in New York. And I was just picturing her. Everyone very well intended. Mentioned everyone trying to make this work. But I felt like who's gonna be there for her? So he kinda said, all right, well let me get out there. [ FOREIGN ] I called her, and I said hey, turns out I'm going to be in New York to be there for you. And she kind of got quiet and said, [ FOREIGN ], that's good because I was missing you. [ LAUGH ] So, today, Yanni Gonzalez is arriving after a cross country road trip And so all of us have gathered here just with our signs and our solidarity to welcome her to New York City. We wanna let her know that there are people in this country who love that she's here, who welcome her here, and are working hard to make sure that she and her children will stay together and not be separated again. We are trying to show her support, mostly to To make her feel comfortable that this is America's for everyone we want our Want For example I am a Muslim and I'm a sham in the meantime my networks are like wired another way says black Hispanic so we want to get the live in the neighborhood like civilized. [ APPLAUSE ] Yeni, Yeni, Yeni, Yeni. [ UNKNOWN ] [ SOUND ] [ FOREIGN ] [ BLANK_AUDIO ] [ FOREIGN ] This is just grown. And I think that shows what can happen when people Stop wishing they could do something and stop just putting on Facebook, you know, this is wrong. And start figuring out, okay how can I help? Because that's what did this. It wasn't one person who drove across the country. It wasn't one person who gave the whole $ 7500 to take her out. I'm pretty sure each donation has been a small donation. Okay. Love you. [ FOREIGN ] [ SOUND ] [ MUSIC ] [ FOREIGN ] I wanna send a message to all the mothers that are still detained And Eloi? [ FOREIGN ] And I want to send a message to all the mothers that are fighting, that with the help of people like Julie, they're going to come out of this. We've said before and we'll say it again, we are going to do this, if we have to, one by one to do what the government is not going to do. [ MUSIC ] I don't know if I've ever bought into the narrative [ SOUND ] That America is a place for everyone. [ FOREIGN ] The home for tired [ UNKNOWN ] masses yearning to be free, I actually don't think we've done so great at that in many ways. [ MUSIC ] I don't think that we can look away from that, even as we are Admiring just like how generously people showed up for this. [ MUSIC ] Jenny shouldn't have to have gone and her children shouldn't have to have gone through what they went through to a welcoming country. It wasn't a welcome, and it doesn't have to be that way. I hope we get better on that welcoming because we've got a lot of work to do. [ MUSIC ] [ MUSIC ] [ MUSIC ] ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/5404850/immigration-asylum-credible-fear/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/5404850/immigration-asylum-credible-fear/"},"headline":"Migrants Get a Second Chance at Asylum. 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