Present law requires asylum seekers to be in the US or at a US port of entry.

"8 U.S. Code § 1158, Section (a)(1) of the Immigration and Nationality Act (INA) "any alien who is physically present in the United States or who arrives in the United States at a designated port of arrival may apply for asylum.” 

Presently, no asylum seeker may seek asylum from outside the United States.

TEMPORARILY CHANGE §1158

Modify 8 U.S. Code § 1158 (effective October 1, 2025 until sun-setted) so all “new” asylum seekers must submit their “first step asylum request” at a U.S. embassy, consulate, or licensed facility. They will not be allowed to apply by showing up at a port of entry, overstaying a visa, or entering the US illegally. Those asylum seekers presently in the United States, who have entered the asylum process, will not be affected.

TWO-STEP ASYLUM SYSTEM

The “first step asylum request” is a Credible Fear Interview (CFI) between the applicant and an USCIS asylum officer. The interview will take place at a US embassy, consulate, or licensed facility using a new online portal video conferencing and collaboration system designed specifically for the submission and review of asylum claims.

The second step occurs when the applicant is found worthy of an in-country court hearing. Applicants will be issued a specific court date and location, given entry documents, and be issued an airline voucher to attend the hearing.

BENEFITS OF TWO-STEP ASYLUM PROCESS:

Safety and Efficiency: Prevents asylum seekers from embarking on an exploitive and dangerous journey. Filters out economic motivated migrants and focuses on genuine asylum claims. Relieves border officers from having to conduct CFI interviews.

Enhanced Screening: The two-step system ensures asylum seekers do not pose a security threat and have passed a criminal background check.

Technology Integration: Will lead to a significantly more efficient processing of other immigration tasks.