Bay Area Immigration Courts Reject Asylum Claims at Alarming Rate

UPDATE: Bay Area immigration courts are rejecting asylum claims at a staggering rate, with new data revealing a 54% denial rate from February to August under the Trump administration. This marks a steep rise compared to the 26% denial rate during the same period under President Joe Biden, according to the latest figures from the University of Syracuse’s Transactional Records Access Clearinghouse.

This urgent situation is raising alarms among immigration advocates and asylum seekers alike, as the courts in San Francisco and Concord process thousands of cases amid increasing restrictions on asylum eligibility. The latest data shows that federal immigration judges denied 4,019 asylum applications in these areas during this time frame, prompting fears of an overwhelming backlog and a culture of despair among applicants.

Immigration experts attribute the surge in denials to a combination of new restrictions imposed by the Trump administration and ongoing pressure on judges to expedite case processing. Milli Atkinson, director of the Immigrant Legal Defense Program at the San Francisco Bar Association, states, “There’s a sense of hopelessness among applicants. But more than that, there’s a sense of fear.”

Asylum claims are critical for individuals fleeing persecution based on race, religion, nationality, political opinion, or social group membership. The Trump administration’s stringent immigration policies have intensified scrutiny and led to an environment where asylum seekers feel increasingly vulnerable.

In response to recent tragic events, including the deadly shooting of two National Guard members in Washington, D.C., by an Afghan asylum seeker, federal officials have announced plans to implement thorough vetting processes for all asylum applications. Homeland Security Secretary Kristi Noem emphasized on November 30 that the department will meticulously review every pending asylum claim. However, advocates argue that current processes already involve extensive background checks.

The immediate impact of these changes is felt in the Bay Area, where immigration courts continue to operate under normal conditions, despite the turmoil resulting from the firing of numerous immigration judges. Approximately 90 judges have been dismissed nationwide, including at least 11 in San Francisco and 3 in Concord. The San Francisco court now operates with just nine judges, while Concord has seven.

Former immigration judge Jeremiah Johnson, who was among those fired, reported he was overwhelmed with caseloads, yet remained dedicated to ensuring fair hearings for asylum seekers. “No reason was provided to any of the judges who have been fired,” Johnson stated. “I suspect it was because we were doing our job.”

Asylum applications surged following Biden’s inauguration, driven by increased violence and economic hardship in Central and South America. The backlog of asylum cases now exceeds 1.1 million, and the Trump administration has been criticized for issuing directives that further complicate the asylum process. These directives include rejecting incomplete applications without a full hearing, alongside stricter standards for domestic violence and gang-related claims.

Despite the rising denial rates in the Bay Area, the situation remains somewhat less dire compared to national trends, where approximately 80% of asylum claim decisions resulted in denial in August, a sharp increase from 59% the previous year. The overall numbers reflect a troubling trend, with over 9,000 denials recorded monthly, a rate not seen in previous administrations since George W. Bush.

As the courts continue to navigate this challenging landscape, advocates like Atkinson report that many asylum seekers are giving up on their claims. “A lot of people are giving up out of desperation,” she noted, highlighting the emotional toll this process can take on individuals facing the prospect of deportation.

With the immigration landscape shifting rapidly, all eyes are on the Bay Area courts as they prepare for what lies ahead. The call for urgent reform in how asylum claims are handled is louder than ever, as advocates seek to restore hope and justice for those in need of protection.