URGENT UPDATE: Bay Area immigration courts are rejecting asylum claims at an alarming rate, with recent data revealing a staggering 54% denial rate under the Trump administration compared to 26% during Biden’s early presidency. This dramatic shift, based on findings from the University of Syracuse’s Transactional Records Access Clearinghouse, highlights serious implications for those seeking refuge in the U.S.
From February through August, federal judges in San Francisco and Concord ruled on 4,019 asylum cases, denying over half. In contrast, during the previous seven months under Biden, only 3,355 cases were rejected. Experts attribute this surge to newly imposed restrictions and an aggressive push to clear backlogs, as federal officials fired numerous immigration judges across the country.
“This has created a sense of hopelessness and fear among applicants,” said Milli Atkinson, director of the Immigrant Legal Defense Program at the San Francisco Bar Association. “Asylum seekers are already subject to rigorous background checks, yet the current environment feels increasingly hostile.”
Asylum is vital for individuals fleeing persecution based on race, religion, or political beliefs. However, the Trump administration has intensified scrutiny, claiming that the Biden administration jeopardizes public safety by allowing migrants to exploit the asylum system. Following a tragic shooting in Washington, D.C., involving an Afghan man granted asylum, the administration announced plans to pause the asylum process for further vetting.
Homeland Security Secretary Kristi Noem confirmed on November 30, 2023, that every pending asylum application will undergo thorough review. Yet, the impact of these changes on local courts remains uncertain. Recent memos from the U.S. Citizenship and Immigration Services indicate a suspension of certain asylum-related processes, further complicating the landscape for those seeking refuge.
In San Francisco, immigration courts continue to operate normally, according to Atkinson. Still, the national trend is alarming; approximately 90 immigration judges have been dismissed, including at least 11 judges in San Francisco and 3 in Concord. San Francisco now has only nine judges, while Concord has seven, exacerbating challenges for applicants navigating the system.
Former immigration judge Jeremiah Johnson, dismissed in November, voiced concerns over the pressure to expedite decisions. “I prioritized ensuring asylum seekers received a fair hearing, despite what felt like ‘soft pressure’ to resolve cases quickly,” Johnson stated. “No reasons were given for our firings, but I suspect it was because we were doing our job.”
Despite increasing denial rates in the Bay Area, the figures remain lower than the national average. In August, 80% of asylum claims nationwide were denied, marking a significant rise from 59% the previous year. Denials have surged to over 9,000 per month, the highest levels seen since the Bush administration.
While the Concord court has seen its denials triple to 144 in August, asylum seekers in the Bay Area generally have better legal representation, which may influence outcomes. However, as immigration authorities detain individuals with pending cases, many are opting to abandon their claims out of fear.
Atkinson shared a poignant example of a mother who chose to forgo her asylum claim to avoid separation from her children. “A lot of people are giving up out of desperation,” she emphasized.
As the situation continues to evolve, the implications for asylum seekers in the Bay Area and beyond are profound. With ongoing challenges and increasing denials, advocates warn that the current climate could deter individuals from seeking the protection they desperately need. As updates unfold, the spotlight remains on the impact of these policies on vulnerable populations seeking safety in the United States.