In recent months, immigration attorneys have noticed a troubling trend in asylum cases. Government attorneys are increasingly filing motions to pretermit asylum applications, sometimes based on very small errors or technical issues in the filing process.
For immigrants seeking protection in the United States, this can be confusing and frightening. Understanding what a motion to pretermit is and how to avoid it has become more important than ever.
What Is a Motion to Pretermit?
A motion to pretermit is a legal request asking the immigration judge to deny an asylum application without holding a full hearing on the case.
In other words, instead of allowing the applicant to testify and present evidence about why they need protection, the government asks the judge to dismiss the case early because of a legal or procedural problem with the application.
If the judge grants the motion, the asylum claim may be denied without the applicant ever having the opportunity to fully present their story in court.
This can have very serious consequences. In many cases, it may move the person more quickly toward removal (deportation) from the United States.
Why Are These Motions Increasing?
Recently, many attorneys have observed that immigration authorities are taking a much stricter approach to asylum filings. Both USCIS and the immigration courts are closely reviewing applications and looking for technical problems that could justify denying the case early.
Many advocates believe this reflects a broader policy trend: authorities are searching for more reasons to place immigrants into removal proceedings or move cases toward deportation, sometimes even to third countries rather than the person’s home country.
This means that technical accuracy and completeness in an asylum application are extremely important. Even small or unintentional mistakes may now lead to a motion to pretermit.
Some of the issues we are seeing include:
- Failure to pay the annual $100 asylum fee
- Leaving boxes blank instead of writing “N/A”
- Writing “will supplement” in parts of the application without providing the additional information later
- Missing documents
- Not providing copies of every page of a passport
- Not providing Certified English Translations (with the original) of documents not originally in English
- Incomplete or inconsistent answers
- Missing signatures or required information
In the past, some of these issues might have been corrected later in the process. Now, government attorneys may use them as a reason to argue that the application should be denied immediately.
What Happens If a Motion to Pretermit Is Filed?
If the government files a motion to pretermit, the immigration judge will usually allow the applicant to respond in writing before making a decision; however, this will require a very quick turnaround response and/or opposition typically due to the court within ten days of receiving the Department’s motion.
Possible outcomes include:
- The judge denies the motion, allowing the case to move forward normally.
- The judge grants the motion, meaning the asylum application is denied without a full hearing.
- The judge may allow the applicant to correct the issue, depending on the circumstances.
Because the consequences are serious, responding to these motions often requires legal arguments and supporting documentation.
So Now What?
Many people file their asylum applications “pro se” (meaning on their own, without an attorney’s help) because they cannot afford an attorney or do not realize how complicated the process can be.
If you already filed your Form I-589, Application for Asylum and for Withholding of Removal, it may still be possible to strengthen your case.
An immigration attorney may be able to:
- Review your application for mistakes or missing information
- Submit supplemental evidence or corrections
- Help ensure the required documents are properly included
- Prepare yourself in case the government challenges your application
- Respond to a motion to pretermit if one is filed
Taking these steps before problems arise may help prevent issues later in the process.
Final Thoughts
Applying for asylum is one of the most important legal processes an immigrant may ever go through. Unfortunately, the system has become increasingly strict, and even small technical mistakes can now have serious consequences.
For that reason, it is more important than ever to make sure your application is complete, accurate, and properly documented.
If you have already filed your asylum application—or are planning to file soon—consider speaking with an experienced immigration attorney who can help protect your case and guide you through this complicated and often terrifying process.