Last week, the One Big Beautiful Bill (OBBB) was passed by Congress and signed into law by President Trump. The law dramatically increases funding for ICE, immigration detention, and border security. It also makes less dramatic changes to the asylum and immigration systems. Here, we will discuss some of these changes and how they may affect asylum seekers.

The most dramatic changes are all about money. The budget for ICE for enforcement and removal will increase from $8.7 billion last year to almost $30 billion. The new law also allocates $45 billion to detain non-citizens, a 265% annual increase. These funds will double ICE's capacity to hold individuals, families, and children. These days, the agency has about 59,000 people in lockup at any one time; the new money will eventually allow ICE to detain upwards of 116,000 people. There is also $61.5 billion for border security, including $46.5 billion to complete the border wall. Finally, the OBBB allocates $13.5 billion "toward reimbursing states and local governments engaging in immigration and border-related enforcement."

All this money for increased enforcement will affect asylum seekers in a number of ways. At the border, asylum processing has largely stopped due to an executive order signed by President Trump on his first day in office. That order is facing several court challenges, but if asylum processing resumes, anyone who arrives at the border to request asylum will be detained and will likely remain there until their case is completed.

For asylum seekers in the U.S., all this extra money for enforcement will likely create a frightening situation where non-citizens could potentially be detained at any moment, including when they appear for a court hearing or USCIS interview. The added stress and uncertainty will make it that much more difficult to properly present an asylum claim.

Also, more generally, I imagine that the fear of ICE will cause some non-citizens to try to hide. Those who are victims of crimes will be afraid to call the police. Some may be driven by desperation to commit crimes. Roughly 15% of our country--or about 51 million people--is foreign born, and I expect that the stepped-up enforcement and pressure to deport more "illegals" will create a poisonous atmosphere for us all.

Enforcement issues aside, the OBBB increases fees for asylum seekers in a number of ways. Most significantly, there is now a mandatory fee of at least $100 to file for asylum (it used to be free). This is the minimum fee. Per the OBBB, government agencies can impose a higher fee, but not a lower fee. There is also an additional fee of at least $100 that will be charged each year for as long as the asylum application is pending. Thus, asylum seekers will be penalized for the government's delay.

I think the purpose of the asylum fees is not so much to deter individual asylum seekers. Instead, I think they are aimed at non-profits, which represent the most vulnerable (children, people with mental and physical disabilities). These non-profits will be forced to pay the fees for their clients, which will reduce their ability to serve those in need.

There is a new fee of $550 for an initial Employment Authorization Document (EAD) based on a pending asylum case. The previous fee was $0. The fee to renew an EAD has been reduced from $470 to $275, but again, these are minimal fees listed in the OBBB. Government agencies have the authority to charge more if they so choose.

Current EADs based on asylum pending are valid for 5 years. I see nothing in the law to change this. However, USCIS has discretion to issue the card for less than 5 years, and so we will have to see what they do.

Immigration Court fees have also increased. The new fee for an appeal to the BIA is a whopping $900 (up from $110), and the Attorney General has discretion to make that fee even higher. A motion to reopen or reconsider has increased from $145 (or free for asylum cases) to $900. The fee for Cancellation of Removal for Certain Non-Permanent Residents has increased from $185 to $1,500.

Interestingly, the OBBB sets the maximum number of Immigration Judges at 800 (currently, there are probably 700-some IJs). This provision does not go into effect until November 1, 2028, and so presumably, we can have more IJs prior to that date. I suspect that the authors of the OBBB hope to decrease the number of judges and find ways to deport people with less due process of law. Hence, the reduced need for IJs.

What's also interesting--and a bit surprising--is that the OBBB does not change the asylum law itself (aside from the $100 fee). In theory, people can continue to qualify for asylum as always. In practice, however, with increased enforcement and fees, asylum seekers will likely have a much tougher time. Here, I'm guessing that Congress could not agree on how to limit asylum, and rather than make difficult (and cruel) policy decisions, they simply decided to make asylum less accessible for everyone.

For me, the entire premise of the OBBB's immigration provisions are based on lies: that immigrants and asylum seekers are a threat and that they do not benefit our country. The massive expansion of ICE--an agency that has a record of rogue and lawless behavior--is frightening and dangerous for our democracy. While non-citizens are the first target of these enforcement efforts, I doubt they will be the last. Where this will end, I do not know, but I fear that the OBBB is opening a new and very dark chapter in our nation's history.

Originally posted on the Asylumist: www.Asylumist.com