Friday, September 25, 2026
Transnational Law & Contemporary Problems

Refugees were free to apply for asylum and work authorization until Trump’s One Big Beautiful Bill, OBBB.1 After Trump’s OBBB was enacted, refugees in the U.S. were expected to pay $100 annually for each applicant with a pending asylum claim and $550 for each EAD.2 The OBBB also bars refugees from waiver eligibility even if they are unable to financially afford the new fees.3 Refugees, also referred to as asylum seekers, are some of the most vulnerable members of society. The UN Refugee Agency, UNHCR, defines a refugee as:

“…people forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as a result of who they are, what they believe in or say, or because of armed conflict, violence or serious public disorder.”4

Receiving asylum in the U.S. is not easy and often takes years to process.5 Charging pending applicants $100 each year and $550 for EADs is an effective method to bring more money to the American government, but this is not the “right way” to bring money to our country.6 Although government fees and taxes help support underfunded American social welfare programs, should we apply burdening fees to the most vulnerable members of any society?7 And should we deny fee waivers to refugees while generously giving handouts to the wealthiest?8 If America can afford to give benefits to the wealthy, it can afford to make asylum applications free. After all, we are the “hottest country anywhere in the world,” allegedly.9

Trump’s OBBB has set up countless roadblocks to prevent refugees from applying for asylum.10 Although asylum seekers may have a valid claim, if they can’t afford the fees, they will not be able to keep their case pending. Unfortunately, many asylum seekers who cannot afford the new fees will potentially be deported to their home countries where they may face persecution or even death.

The Republican Party has often argued that immigrants are welcomed IF they come into the country the “right way.”11 However, demanding unrealistic fees for all affirmative and defensive asylum seekers’ applications and EADs can effectively deter or prevent refugees who may want to legally stay in the U.S. but are now unable to afford it.

“In policy discussions, we hear people say that if someone wants to come here, they should ‘get in line’ or ‘do it the right way.’ But there really are only three legal paths to come live in this country: applying for authorization through a family member, through an employer, or for humanitarian reasons.”12

Asylum Seeker Advocacy Project (ASAP) has taken matters into their own hands and filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) challenging the annual asylum fee.13 Although some applicants quickly gathered the funds and paid the annual fee to show good faith, not everyone with a pending asylum case can afford an extra $100 for each person in their family. Currently, the payment is temporarily paused. If ASAP is successful in their lawsuit against USCIS, refugees may once again be free to apply for asylum and work authorization without being restricted by Trump’s One Big Beautiful Bill.

Notes

  1. 8 U.S.C. § 1802(b) (One Big Beautiful Bill Act $100 annual asylum fee).
  2. Supra note 1 & 8 U.S.C. § 1803(a)(2) (One Big Beautiful Bill Act $550 Employment Authorization Document Fee).
  3. 8 U.S.C. § 1802(e) & 8 U.S.C. § 1803(a)(5) (Annual Asylum and EAD fees required cannot be waived).
  4. United Nations High Commissioner for Refugees, Who We Protect: Refugees (U.S.), UNHCR, https://www.unhcr.org/us/about-unhcr/who-we-protect/refugees (last visited Nov. 22, 2025).
  5. Kassidy Arena, Nebraska-Based Immigration Lawyer Discusses Immigration Myths, Neb. Pub. Media (Apr. 28, 2023), https://nebraskapublicmedia.org/en/news/news-articles/nebraska-based-immigration-lawyer-discusses-immigration-myths/ (last visited Nov. 22, 2025).
  6. Supra note 2.
  7. Julia Haines & Jaclyn Jeffrey-Wilensky, Countries That Receive the Most Foreign Aid From the U.S., U.S. News & World Rep. (Oct. 20, 2023), https://www.usnews.com/news/best-countries/articles/countries-that-receive-the-most-foreign-aid-from-the-u-s (last visited Nov. 22, 2025).
  8. Scott Neuman, Here Are 6 ‘Beautiful Bill’ Tax Changes That Will Benefit Wealthy Americans, NPR (Nov. 5, 2025, 5:00 a.m.), https://www.npr.org/2025/11/05/nx-s1-5590112/trump-beautiful-bill-taxes-republican-rich-wealthy (last visited Nov. 22, 2025).
  9. White House, President Trump: “We’re the Hottest Country Anywhere in the World”, The White House, https://www.whitehouse.gov/videos/president-trump-were-the-hottest-country-anywhere-in-the-world/ (last visited Nov. 22, 2025).
  10. Supra note 2.
  11. Supra note 5.
  12. Gabriella Sanchez & Margy O’Herron, An Insider’s View of the Immigration System, Brennan Ctr. for Justice (Nov. 12, 2025), https://www.brennancenter.org/our-work/research-reports/insiders-view-immigration-system (last visited Nov. 22, 2025).
  13. Asylum Seeker Advocacy Project, Annual Asylum Fees, ASAP, https://asaptogether.org/en/annual-asylum-fees/ (last visited Nov. 22, 2025).