Defensive Asylum

Defensive Asylum


The defensive asylum process is used when an applicant requests asylum as a defense from removal proceedings. For the asylum process to be defensive, an applicant must be in removal proceedings in immigration court with the EOIR.

There are two ways that individuals are placed into defensive asylum processing. The two scenarios include:

  • 1) the applicant is referred to an immigration judge by USCIS after they have determined to be ineligible for asylum at the end of the affirmative asylum process, or
  • 2) the applicant is placed in removal proceedings because they:
    • 1) were caught and apprehended in the United States or at a port of entry while in violation of their immigration status or
    • 2) were caught by US customs and CBP trying to enter the United States while undocumented

Court room like proceedings are used and cases are heard by immigration judges. The judges will hear arguments from both the individual (and his or her attorney) and the United States government. At the hearings, an immigration judge will determine if an individual is eligible for asylum.

For more information regarding defensive asylum, and the process of defensive asylum, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: