Asylum Cases
Of 9,665,247 total immigration cases, asylum decisions account for 1,577,067 outcomes — with a 58.3% grant rate overall. This means roughly 919,430 out of every 1,577,067 asylum seekers with a final decision were granted protection.
Asylum Grants vs Denials
Asylum Grants & Denials by Year
How Asylum Works in Immigration Court
Asylum is a form of protection that allows individuals who meet the definition of a "refugee" to remain in the United States. To qualify, an applicant must demonstrate that they have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Most asylum cases in immigration court are "defensive" asylum claims — filed by individuals who are already in removal proceedings. The immigration judge hears the case and decides whether to grant asylum, another form of relief, or order deportation.
All Case Outcomes
| Outcome | Count |
|---|---|
| Relief Granted (Asylum/Other) | 896,454 |
| Transfer to Another Court | 874,204 |
| Voluntary Departure | 814,501 |
| 729,040 | |
| Dismissed by Judge | 647,910 |
| Deportation Order | 628,798 |
| Administrative Closure | 194,743 |
| Exclusion Order | 153,158 |
| Credible Fear Vacated | 47,788 |
| Other Administrative Completion | 41,792 |
| Application Denied | 29,457 |
| Case Withdrawn | 10,588 |
| Application Granted | 9,719 |
| Withholding of Removal (INA) | 6,781 |
| CAT Protection Granted | 3,599 |
| CAT Deferral Granted | 1,722 |
| Prior Order Rescinded | 1,074 |
| Appealed to BIA | 748 |
Key Issues in Asylum Adjudication
Judge Variation
Asylum grant rates vary dramatically by judge — some grant 90%+, others deny 90%+.
Representation Gap
Only 26.7% of immigrants had lawyers. Representation dramatically changes outcomes.
Geographic Lottery
Where your case is heard matters enormously — grant rates vary wildly between courts.
The Backlog
1,907,436 cases pending — many applicants waiting years for hearings.
Why This Data Matters
Asylum is a legal right enshrined in both U.S. law and international treaties. It exists to protect people fleeing persecution — those who face imprisonment, torture, or death because of who they are or what they believe. Yet the data reveals a troubling reality: whether an asylum seeker receives protection depends less on the merits of their case than on which court hears it and which judge is assigned. Some judges grant asylum in over 90% of cases; others deny it over 90% of the time. This isn't justice — it's a lottery.
The geographic and judicial variation in asylum outcomes raises fundamental due process concerns. A Salvadoran fleeing gang violence has dramatically different odds depending on whether their case lands in New York or Houston. Legal representation compounds this disparity: asylum seekers with attorneys are far more likely to win their cases, but the majority go unrepresented — particularly those in detention, where access to lawyers is severely limited.
These numbers also sit at the center of the broader border policy debate. Critics argue that low grant rates prove most claims are not genuine. Advocates counter that the system is stacked against applicants who lack counsel, face language barriers, and must navigate complex legal standards without help. The data doesn't resolve this debate, but it does make clear that the current system produces wildly inconsistent outcomes — and that inconsistency should concern everyone regardless of where they stand politically.
Source: Department of Justice, Executive Office for Immigration Review (EOIR). Data current through February 2026. Learn more →