Why It Matters
North Carolina is home to a significant population of illegal immigrants who entered the United States during the historic border surge of recent years and filed asylum claims as a legal mechanism to remain in the country. As federal immigration enforcement intensifies under the Trump administration, those individuals now face increasing scrutiny, legal uncertainty, and the prospect of removal — a development with broad implications for communities, courts, and local law enforcement across the state.
The issue touches on public safety, rule of law, and the strain placed on immigration courts — concerns that have long been central to the national debate over how the United States manages its borders and enforces its immigration laws.
What Happened
Illegal immigrants who entered the United States during the border surge — a period marked by record-high illegal crossings — and subsequently filed for asylum are now facing increasing legal and administrative pressure as enforcement priorities have shifted under the current federal administration.
Many of these individuals were permitted to remain in the country while their asylum cases wound through a severely backlogged immigration court system. Under the Biden administration, large numbers of illegal border crossers were released into the interior of the country with notices to appear in immigration court, a practice that critics argued effectively rewarded illegal entry and overwhelmed the legal system.
Now, with President Trump’s administration aggressively pursuing deportations and tightening asylum eligibility standards, those individuals — including many residing in North Carolina — find themselves at greater risk of removal than at any point since they arrived.
By the Numbers
Millions of cases: The U.S. immigration court backlog had swelled to well over three million pending cases in recent years, with a significant portion stemming from the border surge period.
Record crossings: Annual illegal border encounters reached historic highs during the Biden administration, surpassing two million in multiple fiscal years — the largest numbers ever recorded by U.S. Customs and Border Protection.
Low approval rates: Nationwide, immigration judges deny a substantial percentage of asylum claims — often more than half — particularly from applicants who do not meet the legal standard of demonstrating a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
North Carolina’s population: The state ranks among the top twenty in the country for its total immigrant population, with a notable share having arrived in recent years during and after the border surge.
Enforcement surge: The Trump administration has significantly increased deportation operations nationally since January 2025, with Immigration and Customs Enforcement reporting elevated arrest and removal numbers compared to prior years.
Zoom Out
North Carolina is not unique in confronting this situation. States across the South and Midwest that saw large influxes of illegal immigrants during the border surge — including Texas, Florida, Georgia, and Tennessee — are grappling with similar dynamics as federal enforcement ramps up.
The Trump administration has made clear that asylum claims filed during what it characterizes as a manufactured border crisis will receive rigorous review, and that individuals who cannot meet the legal standard for asylum protection will be subject to deportation. Critics of the previous administration’s border policies argue that mass parole and catch-and-release practices created a false expectation of legal status among millions of illegal border crossers.
Immigration courts, already strained by years of backlog, face additional pressure as enforcement actions accelerate and legal challenges mount from advocacy organizations seeking to slow or block deportations.
What’s Next
Illegal immigrants with pending asylum cases in North Carolina and across the country can expect continued pressure as immigration courts process their claims under the current administration’s stricter standards. Those whose claims are denied face deportation proceedings, though legal challenges and appeals can extend timelines significantly.
Federal immigration officials are expected to continue prioritizing the removal of individuals with denied or weak asylum claims, particularly those with any criminal history. State and local officials in North Carolina will likely face ongoing questions about cooperation with federal enforcement efforts as the situation develops.
Advocacy groups are expected to pursue court challenges to slow removals, while lawmakers in Washington continue to debate broader immigration reform measures that could affect the status of millions of illegal immigrants currently residing in the United States.