Deportation proceedings in the United States remain a pressing issue for millions of noncitizens, with increased enforcement actions under the Trump administration reshaping the immigration landscape as of March 24, 2025. According to the Transactional Records Access Clearinghouse (TRAC), the immigration court backlog reached 3.1 million cases by the end of fiscal year (FY) 2024 (September 30, 2024), up from 2.2 million in mid-2023. In the midst of this crisis, legal defenses such as asylum, cancellation of removal, and adjustment of status provide critical pathways to resist removal and secure lawful status. This article examines these defenses, updated with the latest 2024-2025 data, and provides insights into their use, success rates, and strategic considerations.
The Deportation Landscape in 2025
The Immigration and Nationality Act (INA) governs removal proceedings, which are conducted by U.S. Immigration and Customs Enforcement (ICE) and adjudicated by the Executive Office for Immigration Review (EOIR). In FY 2024, ICE reported 271,484 removals – a 70% increase from 157,000 in FY 2023 – reflecting increased enforcement under the Trump administration’s January 2025 policies, including expanded expedited removal (ICE, Q3 FY 2024). The Office of Homeland Security Statistics (OHSS) estimates that 11.5 million undocumented immigrants were in the U.S. in mid-2024, with 1.4 million having final orders of removal.
Legal representation remains critical. TRAC data from FY2024 shows that represented immigrants were 5.5 times more likely to succeed in their cases, yet 55% of new cases lacked counsel due to resource constraints. Below, we explore three key defenses against deportation, updated with the latest numbers.
1. Asylum: Refuge Amid Growing Challenges
What It Is: Asylum protects individuals fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group by granting legal status and a path to permanent residency after one year.
Eligibility and Process: Applicants must file Form I-589 within one year of arrival, barring exceptional circumstances. The “well-founded fear” standard applies, with U.S. Citizenship and Immigration Services (USCIS) or immigration courts adjudicating claims. In FY 2024, EOIR processed 148,000 asylum applications, an increase of 7.9% from 137,000 in FY 2023, with a grant rate of 38% (DOJ, FY 2024).
Key Statistics (Table 1):
| Year | Applications submitted | Grant Rate (%) | Pending cases |
| 2022 | 115,000 | 35% | 680,000 |
| 2023 | 137,000 | 37% | 1,050,000 |
| 2024 | 148,000 | 38% | 1,300,000 |
Source: EOIR, FY 2024 Preliminary Data
Challenges: The asylum backlog has grown to 1.3 million cases by September 2024, with average wait times exceeding 4.5 years (TRAC). Criminal bars remain strict – aggravated felonies disqualify applicants under INA § 101(a)(43). Policy changes in 2025, including a January 21 DHS directive tightening credible fear screenings, reduced approvals for certain nationalities (e.g., Venezuelans dropped from 40% to 33%).
Expert Insight: Regional instability drove asylum trends in 2024, with Haiti (15% of cases) and Ukraine (10%) seeing higher approvals due to ongoing crises (DOJ). Legal experts note that detailed country conditions reports and credible testimony are increasingly important amid stricter adjudications.
2. Cancellation of removal: Anchoring Long-Term Residents
What it is: Cancellation of removal provides relief to long-term residents by granting lawful permanent resident (LPR) status. It’s available to LPRs (EOIR-42A) and non-LPRs (EOIR-42B).
Eligibility:
- LPRs: Requires 5+ years as an LPR, 7+ years of post-admission residence in the U.S., and no aggravated felonies. Discretionary factors weigh community ties against minor offenses (Matter of Marin, 1977).
- Non-LPRs: Requires 10 years of continuous presence, good moral character, and “exceptional and extremely unusual hardship” for a qualifying U.S. citizen/LPR relative (Matter of Recinas, 2002).
Success Rates:In FY2024, EOIR granted 8,100 cancellations out of 19,500 applications (41.5% success rate), with non-LPR approvals at 26% due to the high hardship threshold (DOJ).
Key Statistics (Table 2):
| Categories | Applications (2024) | Grants awarded | Success Rate (%) |
| LPR Cancellations | 11,000 | 5,600 | 51% |
| Non-LPR Cancellation | 8,500 | 2,500 | 26% |
Source: EOIR, FY 2024
Challenges: The “stop time” rule (INA § 240A(d)(1)) stops the 10-year clock with an NTA, and minor convictions (e.g., DUI) can bar relief. Approval rates vary by court – San Francisco reached 62% in FY 2024, while Atlanta lagged at 14% (TRAC).
Expert Insight: As ICE prioritizes enforcement in 2025, demonstrating hardship (e.g., through medical evidence for dependents) will be critical. Attorneys are reporting increased denials related to stricter interpretations of moral character after January 2025.
3. Adjustment of Status: Securing Permanency
What it is: Adjustment of status (Form I-485) converts eligible noncitizens to LPRs, often based on family or employment petitions, and can be raised in removal proceedings.
Eligibility: Requires lawful entry (with §245(i) exceptions), an available visa, and admissibility. In FY 2024, USCIS processed 610,000 adjustments, approving 89% (USCIS, Q4 2024).
Key statistics (Table 3):
| Year | Adjustments processed | Approvals | Approval Rate (%) |
| 2022 | 550,000 | 480,000 | 87% |
| 2023 | 580,000 | 510,000 | 88% |
| 2024 | 610,000 | 543,000 | 89% |
Source: USCIS, FY 2024
Challenges: Undocumented entrants face barriers unless covered by §245(i) (pre-2001 petitions). Processing times stretched to 14 months in 2024 due to staffing shortages (USCIS). The suspension of CBP One appointments in January 2025 limited parole-based adjustments, affecting more than 50,000 entrants (DHS).
Expert Insight: Family-based adjustments (65% of 2024 cases) remain dominant, with spouses of U.S. citizens leading approvals (USCIS). Pre-NTA filings are increasingly strategic amid expedited removal expansions.
Strategic Considerations in 2025
The Trump administration’s January 2025 policy-expanding expedited removal to noncitizens who have been in the country less than two years-has accelerated deportations, with ICE reporting 20,000 expedited removals in the first quarter of FY 2025 alone (ICE Dashboard). Meanwhile, advocacy efforts such as the Fairness to Freedom Act (pending in Congress) aim to fund universal representation, which could increase success rates if enacted.
Practical Tips:
- Legal Advice: Representation increases the chances of release from detention by a factor of 3.2 (ILRC, 2024).
- Documentation: Tax records and affidavits strengthen presence claims.
- Timing: Early filing counters the risk of expedited removal.
Conclusion.
As of March 2025, asylum, cancellation of removal, and adjustment of status remain critical defenses against deportation, despite an intensified enforcement regime. As ICE deportations surge and backlogs swell, these pathways-backed by robust legal support-offer hope to millions facing an uncertain future.
Primary Sources
- EOIR Immigration Court Statistics, FY 2024
- Link: https://www.justice.gov/eoir/statistics-and-reports
- Description: Official Department of Justice page providing immigration court statistics, including asylum, cancellation of removal, and case backlog data for FY 2024.
- USCIS Immigration and Citizenship Data, Q4 FY 2024
- Link: https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data
- Description: USCIS official reports detailing adjustment of status, asylum processing, and approval rates for FY 2024.
- DHS Immigration Enforcement Updates, January 2025
- Link: https://www.dhs.gov/immigration-statistics
- Description: Department of Homeland Security immigration statistics page, covering enforcement policies such as the January 21, 2025 expansion of expedited removal.
- Office of Homeland Security Statistics (OHSS), FY 2024
- Link: https://www.dhs.gov/ohss
- Description: DHS’s OHSS provides comprehensive immigration enforcement and removal data, including estimates of the undocumented population and removals for FY 2024.
Notes: Data for FY 2025 (beyond Q1) are projections based on Q4 FY 2024 trends and January 2025 policy shifts. All links were functional as of 11:25 AM EET, March 24, 2025
