Asylum Seekers Who Arrived During Border Surge Face Growing Federal Scrutiny
Why It Matters
Across North Dakota and the broader United States, immigrants who entered the country and filed asylum claims during the historic border surge of recent years are now facing increasing pressure from federal immigration authorities. The shift reflects a broader national effort under the Trump administration to review, reassess, and in many cases challenge asylum claims approved or pending during a period critics say was marked by inadequate screening and record-high illegal crossings.
For communities in North Dakota and surrounding states that absorbed migrants during the surge, the consequences touch everything from social services to local law enforcement resources and public school enrollment.
What Happened
Federal immigration authorities have intensified scrutiny of asylum seekers who entered the United States during the border surge — a period spanning several years in which illegal border crossings reached record levels under the Biden administration. Many individuals who claimed asylum during that time were released into the country while their cases moved through an overwhelmed immigration court system.
Now, under President Trump’s administration, federal agencies are revisiting those cases, accelerating removal proceedings, and increasing enforcement actions targeting individuals whose asylum claims were denied, are under appeal, or were granted under circumstances now under review. Officials say the effort is aimed at restoring integrity to an asylum system they argue was exploited on a massive scale.
North Dakota, like many states in the interior of the country, received migrants resettled or relocated from border states during the surge. Local officials have noted the downstream effects of that population movement on housing, healthcare, and public services — costs ultimately borne by state and local taxpayers.
By the Numbers
Millions of encounters: U.S. Customs and Border Protection recorded more than 2 million migrant encounters in fiscal year 2023 alone, a record at the time, with many individuals filing asylum claims upon apprehension.
Court backlog: The U.S. immigration court system carried a backlog of more than 3 million pending cases as of recent counts, leaving many asylum seekers in legal limbo for years while living and working inside the country.
Denial rates: Immigration judges deny a significant portion of asylum claims — historically between 50 and 60 percent across all nationalities — raising questions about the validity of claims approved during the surge under relaxed processing conditions.
Deportation pace: The Trump administration has significantly ramped up deportation flights and enforcement operations in 2025 and 2026, targeting individuals with final orders of removal as well as those with pending or denied claims.
Zoom Out
The pressure on border-surge asylum seekers is not isolated to North Dakota. It reflects a sweeping federal immigration enforcement posture that has reshaped policy in states from Texas to Massachusetts. Massachusetts, for example, has seen its immigrant health coverage programs come under federal pressure as the Trump administration pushes back against state-level programs that extend public benefits to illegal immigrants and asylum seekers.
The legal landscape for asylum seekers is shifting rapidly. Federal courts have weighed in on expedited removal procedures, the use of the Alien Enemies Act, and the scope of executive authority over immigration enforcement — cases that will directly affect how quickly asylum claims can be adjudicated or overturned.
Conservative lawmakers and immigration enforcement advocates argue the asylum system was deliberately strained during the Biden years through policy choices that incentivized illegal crossings and rubber-stamped claims without sufficient vetting. Reform advocates counter that many asylum seekers fled genuine persecution — though critics note fraud rates in asylum applications have historically been difficult to verify.
What’s Next
Asylum seekers with pending immigration court dates are expected to face faster proceedings as the administration pushes to clear the court backlog through additional immigration judges and streamlined removal processes. Those with final orders of removal are increasingly subject to active enforcement operations.
At the state level, North Dakota officials are expected to continue monitoring the impact of federal immigration enforcement on local communities, including any changes to federally funded refugee and asylum support programs. Congress continues to debate broader immigration reform legislation that could affect the legal status of millions who entered during the surge.
Advocates on both sides are watching federal court decisions closely, as legal challenges to expedited removal and asylum restrictions could slow or reshape the administration’s enforcement timeline in the months ahead.