Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services
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Overview
Overview
The Asylum Seeker Advocacy Project sued the Trump administration over the new requirement created in the One Big Beautiful Bill Act that asylum applicants pays an annual asylum fee for each year their asylum request remains in the backlog.
The Issue
Issue
Whether an annual asylum fee on backlogged cases imposed by the One Big Beautiful Bill Act violates the Immigration and Nationality Act or constitutional due process protections.
The Rules
Rule
The INA establishes the statutory framework for asylum eligibility and adjudication; fees imposed on asylum applicants cannot effectively deny access to the statutory asylum process. Administrative actions are reviewable under the Administrative Procedure Act for statutory authority and arbitrariness.
The Application
Analysis
ASAP challenges the fee requirement as burdening asylum seekers with pending cases in the backlog, arguing it violates statutory asylum protections and constitutes arbitrary agency action by creating a financial barrier to a congressionally-authorized remedy.
The Conclusion
The case was filed October 3, 2025, before Judge Stephanie A. Gallagher in the U.S. District Court for the District of Maryland. On September 22, 2026, the court ruled on the parties' cross-motions for summary judgment, granting each motion in part and denying each in part, entered judgment, and closed the case.
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