DOJ Gives Judges Green Light to Dump Asylum Cases

Judges can now toss claims sans hearings to cut 4M-case backlog.

WASHINGTON — A new U.S. Department of Justice policy is allowing immigration judges to dismiss asylum applications deemed legally insufficient without holding a hearing, prompting concerns about due process amid efforts to tackle a massive immigration court backlog. The guidance, issued by the Executive Office for Immigration Review (EOIR), has drawn mixed reactions from legal advocates and immigration officials.

The policy, outlined in a memorandum by EOIR Acting Director Sirce Owen on April 11, 2025, clarifies that immigration judges may dismiss asylum claims lacking viable legal grounds without a hearing if no factual disputes exist. “Immigration judges are not prohibited from taking action to resolve cases that lack viable legal grounds for relief or protection from removal,” Owen stated in the memo, emphasizing the need to address nearly 4 million pending immigration cases.