Back
Politics

USCIS Policy Changes Under Trump Administration: Backlog, Processing Pauses, and Refugee Detention

View source

The U.S. Immigration Backlog: 11.6 Million Pending Applications and a Wave of New Policies

The U.S. Citizenship and Immigration Services (USCIS) reports 11.6 million pending applications for immigration services as of the latest data. This figure includes forms for citizenship, green cards, work permits, and asylum.

An additional 247,974 applications are classified as "frontlog," meaning they have been submitted but not yet opened or categorized by the agency. Data indicates the backlog of pending applications increased by 2 million in the first year of the current presidential administration, and has grown steadily over the last decade.

Processing Pauses and Vetting Procedures

Pause for 39 Countries

The administration has paused the processing of visa, green card, work permit, and citizenship applications for individuals born in 39 countries, including Nigeria, Myanmar, and Venezuela.

This pause—linked to travel restrictions imposed after an Afghan national shot two National Guardsmen in late November—has been in effect for five months. Affected individuals include students, medical residents, researchers, and workers in sectors such as oil and gas, technology, and medicine.

Following the November incident, the administration halted processing of applications from nationals of 19 countries, including Afghanistan. Retroactive reviews of previously approved applications were also ordered. Reviews for asylum applications were paused in the latter half of the previous year, with reviews restarting in late March.

Asylum Application Changes

The Department of Homeland Security is developing a regulation that would allow immigration officials to reject asylum applications without interviewing applicants if they are filed more than one year after entry.

Under the proposed plan, USCIS officers could deny applications based solely on the paper record if the one-year deadline is not met, and place applicants in deportation proceedings. Current policy requires interviews for nearly all asylum applicants. Exceptions to the deadline exist for serious medical conditions, poor legal counsel, or unaccompanied minors.

A USCIS spokesperson stated the administration is considering options to address a backlog of over 1 million asylum claims. The USCIS had 1.5 million pending asylum applications last fall, and immigration courts had 3.3 million pending claims as of March, 2.3 million involving asylum.

Agency Statements

Matthew Tragesser, a USCIS spokesman, stated the agency has implemented screening and vetting processes, including tougher naturalization tests and social media screenings. Tragesser said the previous administration prioritized processing naturalization applications with what he characterized as minimal vetting.

USCIS Director Joseph Edlow stated during his Senate confirmation that "at its core, USCIS must be an immigration enforcement agency." Edlow announced the establishment of a new vetting center to conduct interviews and re-review approved immigration applications.

Refugee Detention Policy

"Refugees have a legal right to be in the United States, a right to work, a right to live peacefully." — District court judge John Tunheim

On February 18, DHS issued a new policy memo authorizing the detention of immigrants who entered the U.S. as refugees if they do not obtain a green card or present themselves to the agency within one year of their arrival.

Policy Details

Immigration officers are now authorized to arrest and detain refugees who have not adjusted to lawful permanent resident (LPR) status one year after their admission. According to the memo, a refugee's admission is conditional and subject to mandatory review after one year. Detained refugees may remain in custody throughout the inspection and examination process.

This new policy, issued by USCIS Director Joseph Edlow and Acting ICE Director Todd Lyons, rescinds previous government guidelines. Under prior policy, failure to obtain a green card after one year was not grounds for detention or removal, and arrested refugees had to be released within 48 hours or face removal proceedings.

The DHS memo indicates that previous department policy "created a population of conditional refugees who had not been fully re-screened, with associated public safety and national security risks." The new policy ensures that refugees are re-vetted after one year.

Judicial Challenge

The DHS memo was included in a federal court filing in Minnesota, where a judge has temporarily blocked the administration from targeting approximately 5,600 lawful refugees in the state awaiting green cards. District court judge John Tunheim, presiding over the class-action lawsuit, stated that "Refugees have a legal right to be in the United States, a right to work, a right to live peacefully."

Officials had previously described "Operation Parris" (post-admission refugee reverification and integrity strengthening) as an initiative targeting approximately 5,600 refugees in Minnesota who had not obtained permanent residency, involving new background checks and verification of refugee claims.

Broader Refugee Policy Context

During his second term, President Donald Trump largely halted refugee admissions, with the exception of white South Africans. The administration set annual refugee admissions at 7,500 for the current fiscal year. In contrast, over 100,000 refugees were admitted in 2024. In fiscal year 2025, 38,000 refugees were resettled in the U.S. Policy modifications include emphasizing in policy memos prioritizing refugees who demonstrate ease of assimilation, specifically mentioning white Afrikaners from South Africa as a target demographic.

Internal Agency Changes

Staffing and Structure

Since January, the administration has implemented modifications including encouraging early retirements, terminating collective bargaining agreements, and reducing programs designed to facilitate legal migration. Over 1,300 individuals accepted an early resignation offer for federal employees.

New job postings issued by the agency feature language emphasizing roles such as "homeland defenders" and fraud prevention. USCIS has introduced a new role described as "homeland defenders," tasked with "interviewing aliens, reviewing applications, and identifying criminal or ineligible aliens," and expected to support Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). USCIS reported receiving approximately 35,000 applications for "homeland defender" positions and has extended "hundreds" of job offers, including to former law enforcement officials and veterans.

Additionally, USCIS has established "special agents" with law enforcement authority, empowering them to carry firearms and investigate, arrest, and prosecute immigration cases—functions previously largely handled by ICE or CBP.

Employee Morale

Internal communications within USCIS regarding the direction and speed of changes have been a concern for employees. Michael Knowles, executive vice president of the union representing 15,000 USCIS employees, cited low morale attributed to the termination of the union contract, a revised back-to-office mandate, and limited communication from leadership. An unnamed former USCIS refugee officer stated that the rapidity of changes "overwhelmed" employees.

Additional Policy Changes

  • Introduction of a longer, more rigorous citizenship test
  • Advancement of a rule permitting officers to consider an immigrant's legal use of public benefits (such as food stamps and healthcare) as a factor for denying status
  • Reports have indicated arrests and detentions following routine USCIS interviews

Reactions

Legal and Advocacy Organizations

"A transparent effort to detain and potentially deport thousands of people who are legally present in this country." — Beth Oppenheim, CEO of HIAS

Beth Oppenheim, CEO of HIAS, described the policy as "a transparent effort to detain and potentially deport thousands of people who are legally present in this country." Laurie Ball Cooper, Vice President of US Legal Programs at the International Refugee Assistance Project (IRAP), which is challenging the policy, characterized it as part of a broader effort to impact refugees' legal status and immigrants' constitutional rights.

World Relief described the government's action as an "unprecedented reversal of decades-long interpretation of refugee law." Myal Greene, president and chief executive of World Relief, stated that the policy represents a failure in honoring commitments and treating vulnerable populations.

Policy Analysts

David Bier of the Cato Institute stated the backlog represents an administration strategy focused on deportations and arrests. Elizabeth Jacobs of the Center for Immigration Studies noted that efficient processing is in the interest of both immigrants and enforcement priorities. Brandy Perez Carbaugh, formerly of the Heritage Foundation, said the backlog shows the immigration system is not manageable and called for a pause on new applications. Felicia Escobar Carrillo, former USCIS chief of staff, noted the "frontlog" metric was publicly tracked starting in 2023 and fluctuates with application volume.

"These policy adjustments represent a departure from previous decades' approaches to immigration." — Julia Gelatt, Migration Policy Institute

Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, noted that these policy adjustments represent a departure from previous decades' approaches to immigration. Gelatt commented that increased immigration enforcement activities may influence individuals' willingness to interact with government agencies, including USCIS.

Individual Impacts

Immigration attorneys report that processing delays can leave applicants waiting months for confirmation that their application was received. Attorneys state that some clients face uncertainty regarding their legal status during these delays. Some applicants have paid up to $3,000 for premium processing but have not received decisions.

At least 33 lawsuits have been filed. A federal judge in Northern California ordered USCIS to decide on work authorization applications from 31 Iranian and one Sudanese citizen by May 18. Other cases are ongoing.