The United States toughens its immigration policy: what changes in visas, asylum and rapid deportations

The tightening of immigration policy USA adds new chapters. President Donald Trump’s administration has mandated that those applying for temporary nonimmigrant visas must affirm that they do not fear persecution in their home countries.under the argument of preventing these from being used as a way to request asylum. The directive, sent to embassies and consulates, is part of a broader package of restrictions that also includes greater controls on students and the temporary suspension of immigrant visa processing for dozens of countries.

—What does it legally mean that applicants for temporary visas must declare that they do not fear persecution in their country of origin?

Starting April 28, 2026, if a person answers affirmatively to questions about whether they have suffered harm or fear harm in their home country, their visa will be denied. But there is a key point: even if you answer negatively, the consular officer can reject the request if he believes that the person is lying. In that case, a misrepresentation ground of inadmissibility could apply under INA § 212(a)(6)(C)(i), which is a provision of the U.S. Immigration and Nationality Act that permanently declares inadmissible any alien who obtains or attempts to obtain a visa, admission, or immigration benefit through fraud or deliberate misrepresentation of a material fact.

Legally, it means that more visas will be denied because of these questions. This opens the door to discretion to deny visas without the option of an appeal.

— Could this new requirement from the State Department de facto limit the right to request asylum in the US?

Yes. We must emphasize that under the 1951 Refugee Convention, the right to request asylum is not conditioned on how a person enters the United States. Since the beginning of this administration, attempts have been made to limit the right to request asylum. On April 24, 2026, an appeals court ruled that President Trump’s proclamation seeking to prevent asylum requests at the border on the grounds of an “invasion” was illegal.

Definitely, these two questions open a Pandora’s box: a broad discretion to deny visas (legal immigration), and again limits the right to request asylum. Perhaps the appeals court determined the illegality of limiting asylum at the border, but limiting asylum for those seeking a visa outside the United States has not yet been determined illegal. However, I assume there will be litigation regarding this.

—What risks do migrants face who do fear persecution but need to travel with a temporary visa?

It is essential to understand that a visa does not guarantee entry to the United States, but only allows you to apply for it. A visa allows you to request permission to enter, but the Customs and Border Protection (CBP) agent is the one who ultimately decides to allow you entry, granting you legal status for a limited time.

I assume that CBP agents must also have been instructed to ask these questions at entry for those with nonimmigrant visas, to determine eligibility for their entry.

If you have a temporary visa, but the CBP officer determines that you have violated your immigration status in the past, or suspects that your intention is different, he or she may revoke your visa, detain you, and issue an expedited deportation order.

If you have a nonimmigrant visa (temporary visa), be very careful when entering the interview with CBP, because remember that they can decide to give you immigration status or issue an expedited deportation. I have seen a large increase in visa revocations and expedited deportations, as officers do secondary inspections, take sworn testimony without an attorney present, and it is their discretion whether to allow you entry or not.