On April 11, 2025, the Executive Office for Immigration Review (EOIR) issued new guidance allowing immigration judges to pretermit—or deny without a hearing—asylum applications that are legally insufficient on their face. This policy emphasizes that judges have discretion to assess whether an asylum application merits a full hearing, particularly when no factual disputes exist that would affect the legal outcome of the case.

This update arrives at a moment when immigration courts are burdened with a historic backlog of nearly 4 million cases. In response, EOIR is instructing adjudicators to take immediate action to resolve cases that do not present viable legal grounds for relief or protection from removal. The new approach is designed to streamline the docket and prioritize the allocation of court time to cases that meet legal standards.

Pretermission, in this context, means that if an application clearly fails to meet threshold legal requirements, such as failing to identify a protected ground for asylum, it may be denied outright. This policy change sends a strong message: submitting an asylum application that lacks a clear legal basis may result in a quick denial, without the opportunity to present testimony in court. Many applicants mistakenly assume that filing Form I-589 automatically entitles them to a full hearing.

That is no longer guaranteed. Now more than ever, applicants must understand that preparing and filing an asylum application is a legal undertaking, not just a paperwork exercise. It requires a deep understanding of asylum law, legal precedents, and how to present a credible and legally sufficient claim. Relying on paralegals or non-attorney form preparers, who are not licensed to provide legal advice, can jeopardize your entire case.

A deficient application not only risks pretermission but may also have lasting consequences on your ability to pursue asylum or other immigration benefits in the future. If you are considering filing for asylum or have a case already pending in immigration court, it is critical that you consult with a licensed immigration attorney. Legal strategy, proper documentation, and a clear articulation of how your claim meets asylum standards are essential.

Under this new policy, you may not have a second chance to correct an incomplete or unsupported application. At Visawolf, our experienced immigration attorneys are here to provide guidance, protect your rights, and ensure that your claim is legally sound from the start. Contact us if you or someone you know is facing removal proceedings, has filed, or plans to file an asylum application.

We are committed to helping you navigate this complex process and avoid the risk of pretermission under the new policy guideline.