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During his presidency, Donald Trump presided over the most restrictive era in modern U.S. asylum and refugee policy. Annual refugee admissions were slashed to historic lows, and the scope of asylum eligibility was severely narrowed. Trump-era decisions barred victims of gang violence and domestic abuse from asylum protection, implemented “Remain in Mexico” protocols, and sought to limit humanitarian protections for Central American migrants. The result: countless individuals were sent back to countries where they faced torture, persecution, or death.

These policies inflicted deep harm on immigrant communities, especially in New York State—a primary destination for refugees and asylum seekers. Legal representation became not just a matter of immigration status, but of life or death. NYS attorneys found themselves on the frontlines, using every available legal tool to fight back against a system designed to exclude the most vulnerable.

This article examines key legal strategies NYS attorneys can use to represent clients in asylum and refugee cases, particularly those whose claims were hindered by Trump-era restrictions.

1. Building Strong Asylum Claims in the Face of Narrowed Precedent

Under the Trump administration, decisions like Matter of A-B- and Matter of L-E-A- made it harder for asylum seekers to claim protection based on domestic violence or family membership. These cases rolled back years of jurisprudence expanding asylum to gender-based and private-actor persecution claims.

Attorney Strategies:

• Develop expert testimony and country condition reports to contextualize gender-based or gang-related violence as state-condoned or systemic, not merely “private acts.”
• Argue nexus to a protected ground (race, religion, nationality, political opinion, or particular social group) by carefully defining the social group and connecting it to the persecution.
• Leverage post-Trump BIA or federal court reversals, such as the Biden administration’s vacatur of Matter of A-B-, to reframe previously denied claims.
• Preserve claims for appeal by thoroughly briefing issues at the immigration court level, including challenges to precedent.

2. Filing for Asylum Affirmatively and Defensively

Many asylum seekers apply affirmatively through USCIS. Others are forced into defensive applications while in removal proceedings. Trump-era backlogs and delays plagued both processes.

Attorney Strategies:

• File affirmative asylum applications promptly, within the one-year deadline, and seek exceptions where applicable (e.g., trauma, unaccompanied minor status, changing conditions).
• Prepare detailed personal affidavits, psychological evaluations, and corroborating documentation to support persecution narratives.
• In defensive cases, challenge expedited removal or reinstatement of removal orders, particularly when prior proceedings lacked due process.
• Conduct mock interviews and hearing prep to bolster client credibility—often the linchpin of a successful asylum case.

3. Pursuing Humanitarian Alternatives to Asylum

Given Trump-era legal restrictions and high denial rates, many asylum seekers needed alternative forms of protection, including Withholding of Removal and protection under the Convention Against Torture (CAT).

Attorney Strategies:

• File for multiple forms of relief simultaneously, even if asylum seems unlikely, to preserve eligibility for lesser but still vital protections.
• Argue CAT claims aggressively, emphasizing risk of torture from public officials or with official acquiescence—even if persecution is not based on a protected ground.
• Use medical and psychological evidence to document past trauma and the likelihood of future harm.
• Highlight regional impunity, especially where government corruption or failure to prosecute crimes constitutes tacit support for abuse.

4. Reopening and Refiling Denied Claims

Thousands of claims were denied or closed under Trump due to unjust policies or flawed procedures. Some of these cases are now ripe for reopening.

Attorney Strategies:

• File motions to reopen or reconsider for clients whose asylum claims were denied under now-rescinded Trump-era decisions.
• Seek sua sponte reopening in egregious or high-risk cases where statutory deadlines have passed.
• Utilize prosecutorial discretion, where ICE may agree to terminate or administratively close cases to allow other forms of relief.
• Leverage evolving federal court rulings, especially in the Second Circuit, to argue legal errors in previous decisions.

5. Defending Clients in “Remain in Mexico” and Third-Country Transit Cases

Trump’s Migrant Protection Protocols (MPP) forced many asylum seekers to wait in dangerous conditions in Mexico while their U.S. hearings proceeded. Meanwhile, third-country transit bans disqualified those who hadn’t sought asylum in other countries first.

Attorney Strategies:

• Argue lack of due process and access to counsel under MPP, especially if clients missed hearings or faced threats while waiting.
• Challenge third-country ineligibility based on exceptions (e.g., age, language barriers, lack of safe access to asylum systems).
• Pursue motions to reopen for in absentia removal orders issued during MPP, citing inability to appear due to danger or misinformation.
• Coordinate with humanitarian groups at the border to document abuses and collect affidavits for court use.

6. Advocating for Unaccompanied Minors and Families

Family separation and detention of minors under Trump caused widespread harm. NYS saw an influx of unaccompanied minors placed in ORR custody or with sponsors.

Attorney Strategies:

• File Special Immigrant Juvenile Status (SIJS) petitions, using NY family court findings of abuse, neglect, or abandonment.
• Seek asylum based on age-specific persecution, such as forced gang recruitment or gender-based violence.
• File motions for change of venue to NY if the child is transferred from border facilities to NY-based shelters or sponsors.
• Ensure trauma-informed representation, incorporating child psychologists and social workers into case preparation.

7. Ensuring Access to Counsel and Language Services

Many asylum seekers, especially those detained or with limited English, struggled to access legal support under Trump. ICE frequently transferred detainees far from family or legal aid.

Attorney Strategies:

• File motions to change venue or consolidate cases to NY jurisdictions where clients have support systems.
• Demand interpretation services during USCIS interviews and court proceedings, including for indigenous languages.
• Collaborate with nonprofits and pro bono networks, such as the Immigrant Advocates Response Collaborative (I-ARC), to ensure comprehensive support.
• Challenge expedited removal if clients were denied access to counsel or credible fear interviews were improperly conducted.

8. Asserting Constitutional and Procedural Rights in Federal Court

Under Trump, many asylum restrictions were imposed through executive action rather than legislation, often raising constitutional issues.

Attorney Strategies:

• File habeas corpus petitions for detained asylum seekers, asserting due process violations and unlawful detention.
• Challenge agency rules under the Administrative Procedure Act (APA) for being arbitrary, capricious, or enacted without proper notice and comment.
• Use Equal Protection arguments in cases where policies disproportionately impacted specific nationalities or ethnicities.
• Coordinate with impact litigation efforts, particularly those led by NY-based organizations like the NYCLU or International Refugee Assistance Project (IRAP).

9. Helping Refugees Adjust Status and Reunify Families

Refugees already in the U.S. often faced delays or complications in adjusting status or bringing family members due to Trump-era caps and procedural barriers.

Attorney Strategies:

• File Form I-485 for refugee adjustment within the one-year timeline, with strong documentation of continued eligibility.
• Help file I-730 refugee/asylee relative petitions, especially for spouses and children still abroad.
• Track evolving USCIS backlogs and push for expedition where delays cause harm or family separation.
• Challenge denials based on inadmissibility, using waivers or evidence of rehabilitation.

10. Empowering Asylum Seekers Through Legal Education and Advocacy

Many asylum seekers are unaware of their rights or misinformed about deadlines and requirements, particularly under changing laws.

Attorney Strategies:

• Host multilingual legal clinics, especially in immigrant-heavy areas of NYC, Long Island, and the Hudson Valley.
• Provide written and digital guides to asylum processes, timelines, and legal resources.
• Train community partners, such as churches, shelters, and aid groups, to recognize urgent legal needs.
• Engage in legislative advocacy, supporting federal reforms that restore access to asylum and increase refugee quotas.

Conclusion

The Trump administration’s assault on asylum and refugee protections left thousands of people vulnerable to deportation, trauma, and death. In New York, where immigrant communities form the backbone of society, attorneys stepped up to resist these policies—case by case, client by client.

Now, as federal policies slowly shift, the need for experienced, compassionate, and strategic legal representation remains as urgent as ever. NYS attorneys must continue to innovate, collaborate, and advocate—not just to secure immigration status, but to defend the humanity and dignity of those seeking refuge on our shores.