Struggles Facing Immigrants and Asylum Seekers in 2025
By Jacqueline Broush
Some Americans may have opinions about our immigration laws without being aware of the actual changes being invoked. Not only is new legislation being created to target incoming asylum seekers and current U.S. immigrants, but outdated legislation is being reintroduced and is in effect as of June 2025. As of June 5th, 2025, there are 51,026 migrants being held in ICE detention. ICE has deported approximately 150,000 immigrants as of the 2025 year and arrested about the same number of accused criminal immigrants. Cases of wrongful deportation and refusal of entry to asylum seekers have increasingly grown while the number deportations within the U.S. increased.
An instance of an individual being denied asylum is the case of Andry José Hernandez. On May 27th, 2025, Judge Paula Dixon granted DHS’s motion to dismiss asylum proceedings for Hernandez. Hernandez is a makeup artist from El Salvador, who came to a legal U.S. entry point for asylum from persecution related to his sexual orientation and political beliefs. The DHS argued Hernadez’s tattoos, two saying “Mom” and “Dad”, affiliated him with the Tren de Aragua gang. Hernandez was sent back to his country, where he is currently being held in a CECOT (Terrorism Confinement Center) torture facility in El Salvador. Organizations like ImmDef attempt to appeal the court’s dismissal, and advocate for Hernandez and other suffering asylum seekers.
The United States has had ongoing issues deciding upon immigration policy for over a decade. The current state of the U.S. immigration system is a result of several major legislative reforms that have happened over the course of several decades. One of the first being Immigration and Nationality Act (INA) codified first in 1952 and has been amended several times since.
The policy changes proposed for immigration reform in 2025 are guided by President Donald J. Trump’s position on the topic and calls for “mass deportation,” restrictions to asylum seekers, and stricter border control. During his first term, several actions were taken to change immigration policy. As of 2025, he has rolled out several new executive orders.
On January 20th of 2025, several executive orders meant to execute this position were initiated. Regarding birth right citizenship, the Protecting the Meaning and Value of American Citizenship EO57 restricts that. The order effects births occurring after February 19th, 2025 to parents who are not a U.S. citizen or permanent residents, and children of mothers with a temporary status. This order presents many legal challenges. The President has been accused of violating the Citizenship Clause of the 14th Amendment and the Immigration and Nationality Act (INA) on several accounts. The City Bar issued a statement in March of 2025, urging lawmakers and the public to recognize this Executive Order as unconstitutional.
Another change made in the beginning of his presidency, was Guaranteeing the States Protection Against Invasion Proclamation81, meant to scare away people at our country’s southern border. Those who enter the country without correct inspection are barred from seeking immigration benefits. This is including but not limited to those individuals' seeking asylum or fear-based forms of relief in the U.S. The Proclamation was challenged, arguing it violates the INA. Trump’s Administration shut down the court’s argument, with one reason being that presidential decisions are not reviewable under the Administrative Procedure Act (APA).
On March 14th of 2025, the President invoked the Alien Enemy Act (1798) meant to remove aliens identified as engaging in "any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor," (The Alien Enemy Act). The Act was initially created in preparation for an anticipated war with France. Alongside the Sedation Act, the Alien Enemy Act was invoked at this time by the Federalist Party. Not only did these acts limit and alienate French residing in the U.S., but it also limited Americans ability of free speech; making it a crime to speak or write negatively about the government. These acts were appealed years later following the Federalist’s defeat in 1800; however, Americans were aware how their 1st Amendment and 14th Amendment rights were tested and violated by their own government. With the reintroduction of this act in 2025, many are concerned with the President’s and lawmakers' decisions to allow this regression of defining American citizenship and nationality.
Works Cited:
A guide to immigration policy changes in 2025. Bloomberg Government. (2025, June 5). https://about.bgov.com/insights/federal-policy/a-guide-to-immigration-policy-changes-in-2025/#current
Immdef. (2025, May 29). Judge dismisses Andry José Hernández Romero’s asylum case aiding the government’s attempts to disappear him . IMMDEF. https://www.immdef.org/blog/andryasylumcase52925
National Archives and Records Administration. (n.d.). Alien and sedition acts (1798). National Archives and Records Administration. https://www.archives.gov/milestone-documents/alien-and-sedition-acts#:~:text=Passed%20in%20preparation%20for%20an,editors%20of%20Democratic%2DRepublican%20newspapers.
The alien enemy act: History and potential use to remove members of international criminal cartels | congress.gov | library of Congress. (n.d.). https://www.congress.gov/crs-product/LSB11269
https://www.nycbar.org/wp-content/uploads/2025/03/20221419-TrumpAdminChangesImmigrationLaw.pdf