"Last In, First Out": How Trump’s LIFO Asylum Policy Harms Asylum Seekers and Key Strategies to Strengthen Your Case

The “Last In, First Out” or LIFO Asylum Policy refers to the asylum interview scheduling system implemented by the U.S. Citizenship and Immigration Services (USCIS) under the Trump administration in 2018. Under this policy, USCIS prioritizes the most recently filed affirmative asylum applications for interviews, rather than processing cases in the order they were received.

This policy has created challenges for asylum seekers, particularly for those with older pending cases. Understanding how the LIFO Asylum Policy works, and what steps to take based on your asylum case status, is essential for navigating the immigration system successfully.

How the LIFO Asylum Policy Works

Under the LIFO Asylum Policy, asylum applications are scheduled in the following order:

Applications that were rescheduled due to a previous cancellation.
New asylum applications (filed within the last 21 days).
Pending older applications (if there is interview availability).

This means that newly filed asylum applications are prioritized, while older cases remain in backlog limbo, sometimes for years.

The Trump administration introduced the LIFO Asylum Policy in January 2018 as part of its efforts to change the asylum system, citing the following justifications:

Addressing Work Permit Loopholes – The administration argued that long backlogs allowed asylum seekers to obtain work permits while waiting years for their cases to be processed, even if their claims were weak.
Deter meritless applications – Quickly interviewing new applicants was intended to discourage people from filing weak or fraudulent claims solely to obtain a work permit.
Clear the backlog – While LIFO prioritizes new cases, older cases remain unaddressed, leaving tens of thousands of asylum seekers in legal limbo.

Impact of the LIFO Asylum Policy on Asylum Seekers

Delays for Older Cases

Asylum seekers with older cases faced extreme delays, with some waiting over five years without an interview.
Many were left in legal uncertainty, unable to reunite with family members or make long-term plans.

Faster Processing for New Cases but Higher Denial Rates

New applicants received faster interviews, but many were not prepared due to the short notice, leading to higher denial rates.
The sudden scheduling of interviews within weeks of filing made it difficult for asylum seekers to gather evidence and obtain legal representation.

Work Permit Delays

Asylum applicants must wait 150 days after filing before applying for a work permit.
Under the LIFO, those who received an early interview and were denied quickly would never become eligible for a work permit.

Strategies for Asylum Seekers Affected by the LIFO Asylum Policy

Since the “Last In, First Out” Asylum Policy prioritizes newly filed asylum applications while leaving older cases in limbo, asylum seekers with pending cases need to take proactive steps to avoid long delays and improve their chances of success. Below are strategies based on case status.

1. Strategies for Asylum Seekers with Older (Backlogged) Cases

If your asylum case has been pending for several years without an interview, consider the following options:

Request an Interview Expedite

USCIS allows applicants to request an expedited interview in limited circumstances, such as:
- Severe medical conditions affecting you or your family.
- Urgent humanitarian reasons, such as danger to family members abroad.
- Significant financial hardship if you cannot work due to the delay.
Expedited requests must be supported by strong evidence, such as medical records, affidavits, or letters from professionals.

Keep Your Case Active with USCIS

Submit updated evidence (e.g., new country conditions, personal declarations) to show that your asylum claim remains relevant.
File Form AR-11 if you move to ensure USCIS has your current address.
If your asylum receipt notice is lost, request a duplicate copy from USCIS.

Apply for Work Authorization (EAD)

If your case has been pending for at least 150 days, you can apply for a work permit (Employment Authorization Document, or EAD) under category (c)(8).
Renew your EAD on time to maintain your ability to work while awaiting your interview.

Consider Mandamus Lawsuits for Delays

If your case has been pending for over four years, you may file a writ of mandamus lawsuit in federal court to force USCIS to schedule your interview.
This is an advanced legal option that should be done with an experienced attorney.

2. Strategies for New Asylum Applicants (Post-LIFO)

Since new applications are prioritized for interviews within weeks to months of filing, applicants need to be fully prepared before submitting their asylum case.

Prepare a Complete Asylum Application Before Filing

Ensure Form I-589 (Application for Asylum) is complete and consistent with supporting evidence.
Gather all supporting documents, such as affidavits, country reports, medical records, police reports, and expert opinions.
Work with an attorney or accredited representative to avoid errors that could lead to a denial.

Be Ready for a Rapid Interview Schedule

USCIS may schedule your interview within weeks of filing, so be prepared.
If additional time is needed, you may request a reschedule, but repeated requests could result in delays.

Have a Plan if Your Case is Referred to Immigration Court

If your case is denied by USCIS, it will be referred to the immigration court for removal proceedings.
Work with an attorney to prepare for court hearings and avoid missing deadlines.

3. Strategies for Those Facing Removal Proceedings

If your asylum case has been referred to immigration court due to a denial or because you applied late, there are still legal options available to fight for your protection.

Defensive Asylum in Court

If USCIS refers your case, you still have a chance to win asylum before an immigration judge.
Gather strong evidence, prepare witness testimony, and work with an experienced attorney to present a compelling case.

Alternative Forms of Relief

If asylum is unlikely to succeed, you may be eligible for alternative forms of relief, such as:

Withholding of Removal – Available for applicants who fear persecution but are ineligible for asylum due to factors like a one-year filing deadline.
Protection under the Convention Against Torture (CAT) – For individuals who can prove they are at risk of being tortured if returned to their home country.
Special Immigrant Juvenile Status (SIJS) – For minors who have been abused, abandoned, or neglected.

Motion to Reopen or Reconsider

If your case has already been denied, you may qualify for a Motion to Reopen based on new evidence or changed country conditions.
If there was a legal or factual error in your case, you may file a Motion to Reconsider to challenge the decision.

4. General Best Practices for All Asylum Seekers

Regardless of whether your asylum case is newly filed, pending, or in removal proceedings, following these best practices can help strengthen your chances of success:

Keep a Strong Record of Your Case

Maintain copies of all documents submitted to USCIS or the immigration court.
Keep a personal record of key dates, including filing dates, interview notices, and court hearings.

Stay Informed About Policy Changes

The LIFO Asylum Policy may change under new administrations or court rulings.
Stay updated on changes from USCIS, the Department of Justice (DOJ), and immigration advocacy organizations.

Work with an Immigration Attorney

Given the complexities of asylum law, working with a knowledgeable attorney can significantly improve your chances of success.
A lawyer can help you prepare evidence, file legal motions, and represent you in interviews or court hearings.

The Ongoing Battle Over the LIFO Asylum Policy

The LIFO Asylum Policy continues to impact thousands of asylum seekers nationwide. While the government argues it helps process new applications more efficiently, many legal experts and advocates believe it unfairly disadvantages those who have been waiting for years.

As legal battles and policy changes unfold, staying informed and prepared is crucial for asylum seekers.

Take Action to Protect Your Asylum Case

If you’re affected by the LIFO Asylum Policy, taking proactive legal steps is crucial to avoid delays and increase your chances of success. Whether you’re preparing a new asylum application or waiting for an interview, Qazi Law Offices can help you navigate this complex process.

Don’t let the LIFO Asylum Policy determine your fate—take action today and protect your future.

📞 Call us now at 630-504-0648 or schedule a consultation with Attorney Farrah now.