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Which asylum and deportation ideas did the government actually use?

Research question: What does the plan propose for immigration enforcement agencies, asylum, and deportation capacity, and which of those ideas has the government taken up?

The chapter proposes dismantling DHS and creating a new Cabinet-level border and immigration agency 1, along with expanded detention capacity and a streamlined deportation process 5. On asylum, it proposes that Congress eliminate the 'particular social group' ground and that gang and domestic violence not be grounds for asylum 24, and it proposes bringing back Remain in Mexico as needed 26. On detention, it proposes requiring ICE to use all detention space and allow temporary capacity such as tents once permanent space is full 28. The government has taken up some asylum-related changes: DHS proposed excluding certain applicants from asylum-based work permits 11, and in July 2026 it amended its rules so asylum officers can refer applications without an interview to ease a caseload that exceeded 1.4 million in FY 2025 84. The records do not show the government adopting Remain in Mexico or the credible-fear change, and the newest fact is dated July 28, 2026 817.

Checked 2026-10-21. Only documented and supported facts are used.
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Sources

[1] supported
The chapter proposes dismantling DHS and creating a new Cabinet-level border and immigration agency that would take over functions from CBP, ICE, USCIS, and other agencies.
"He proposes creating a new, stand-alone border and immigration agency at the Cabinet level, consolidating functions from Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), Citizenship and Immigration Services (USCIS), and other agencies."
Mandate for Leadership - Chapter 5 - Department of Homeland Security
[2] supported
Project 2025 would reinstate the "Remain in Mexico" policy, forcing non-Mexican asylum seekers to wait in Mexico while their cases are pending.
"It would reinstate the “Remain in Mexico” policy of forcing non-Mexican citizens to wait in Mexico while their asylum cases are pending."
What Project 2025 Says About Immigration - American Immigration Council
[3] documented
DHS proposes to extend the processing timeframe for initial asylum-based work permit (c)(8) EAD applications from 30 days to 180 days, for applications received after the final rule takes effect.
"DHS proposes to amend the regulatory requirement that USCIS complete adjudication of initial (c)(8) EAD applications within 30 days. For initial (c)(8) EAD applications received on or after the effective date of the final rule, DHS proposes to extend the processing timeframe to 180 days for USCIS to adjudicate the EAD application."
Employment Authorization Reform for Asylum Applicants (Homeland Security Department, 2026-02-23)
[4] documented
The pending affirmative asylum caseload reached an all-time high, exceeding 1.4 million cases in FY 2025.
"the volume of pending affirmative asylum cases exceeded 1.4 million, reaching an all-time high."
Affirmative Asylum Referrals Without Interview (Homeland Security Department, 2026-07-28)
[5] supported
The chapter proposes expanding immigration detention capacity and streamlining the deportation process.
"Increase the capacity of immigration detention centers and streamline the deportation process."
Mandate for Leadership - Chapter 5 - Department of Homeland Security
[6] supported
Project 2025 would tear up the Flores settlement, which generally prevents the government from detaining children and families indefinitely.
"In the world of Project 2025, the U.S. would tear up the Flores settlement (which generally prevents the government from detaining children and families indefinitely)."
What Project 2025 Says About Immigration - American Immigration Council
[7] documented
DHS proposes to exclude from asylum-based work permit eligibility any applicant where there is reason to believe they may be barred from asylum under certain criminal bars.
"DHS proposes to exclude from (c)(8) EAD eligibility any alien where there is reason to believe that the alien may be barred from a grant of asylum due to one of the criminal bars to asylum under sections 208(b)(2)(A)(ii)-(iii)."
Employment Authorization Reform for Asylum Applicants (Homeland Security Department, 2026-02-23)
[8] supported
DHS amended its regulations so that an asylum officer can refer an affirmative asylum application to EOIR without conducting an interview, as a way to ease the backlog.
"To mitigate this issue, DHS is amending its regulations to permit an AO to refer an affirmative asylum application to EOIR, without conducting an interview, based on the record and other evidence."
Affirmative Asylum Referrals Without Interview (Homeland Security Department, 2026-07-28)
[9] supported
The chapter proposes strict enforcement of existing immigration laws, including workplace raids and increased interior enforcement.
"Strictly enforce existing immigration laws, including through workplace raids and increased interior enforcement."
Mandate for Leadership - Chapter 5 - Department of Homeland Security
[10] supported
Project 2025 calls on Congress to raise ICE's budget so its detention capacity reaches 100,000 beds at any given time, compared with the 52,000 beds the Trump administration asked Congress to fund in 2019.
"Project 2025 calls on Congress to raise ICE’s budget, increasing its detention capacity to 100,000 beds at any given time (by comparison, in 2019, the Trump administration asked Congress to fund 52,000 beds )"
What Project 2025 Says About Immigration - American Immigration Council
[11] documented
DHS proposes to exclude from initial asylum-based work permit eligibility any applicant whose asylum application is denied by an asylum officer or Immigration Judge within the 365-day waiting period, or before the work permit application is adjudicated.
"DHS proposes to exclude from initial (c)(8) EAD eligibility any alien whose asylum application is denied by an asylum officer or an Immigration Judge (IJ) within the 365 calendar-day waiting period, or before the adjudication of the initial (c)(8) EAD application."
Employment Authorization Reform for Asylum Applicants (Homeland Security Department, 2026-02-23)
[12] documented
DHS estimates that about 132,167 people seeking affirmative asylum each year may be referred without an interview because of a bar to asylum, a bar to a grant, or a denial of asylum as a matter of discretion.
"DHS estimates that approximately 132,167 aliens seeking affirmative asylum annually may be referred without interview due to a bar to applying for asylum, a bar to a grant of asylum, or where the alien does not merit a grant as a matter of discretion"
Affirmative Asylum Referrals Without Interview (Homeland Security Department, 2026-07-28)
[13] supported
The chapter's proposals to restrict asylum eligibility and expedite removals could make it harder for legitimate asylum seekers to find safety in the United States, according to the document's analysis.
"Cuccinelli’s proposals to restrict asylum eligibility and expedite removals could make it more difficult for legitimate asylum seekers to find safety in the United States."
Mandate for Leadership - Chapter 5 - Department of Homeland Security
[14] supported
Project 2025 directs ICE to take into custody all unauthorized immigrants with criminal records, prior deportation orders, or who were identified by local police under 287(g) agreements, while shifting Homeland Security Investigations officers to immigration crimes.
"The guide says that Immigration and Customs Enforcement (ICE) officials should be directed to take all unauthorized immigrants with criminal records, prior deportation orders, or who have been identified by local police under 287(g) agreements into custody."
What Project 2025 Says About Immigration - American Immigration Council
[15] supported
DHS proposes a general biometrics requirement for asylum applicants seeking an asylum-based work permit, to be set through a separate biometrics rulemaking.
"which would establish a general biometrics requirement for asylum applicants seeking a (c)(8) EAD"
Employment Authorization Reform for Asylum Applicants (Homeland Security Department, 2026-02-23)
[16] documented
The rule lets USCIS issue future policy guidance deciding which case categories to prioritize for referral without interview, based on changing trends and agency priorities.
"The rule also gives USCIS flexibility to issue future policy guidance about which categories of cases should be prioritized by the agency for referral without interview based on evolving trends and agency priorities."
Affirmative Asylum Referrals Without Interview (Homeland Security Department, 2026-07-28)
[17] supported
Many of the Project 2025 immigration proposals, such as the Remain in Mexico and asylum-related measures, have become standard parts of Republican immigration proposals, though the article does not say the government adopted them.
"The document includes proposals that have become standard parts of Republican immigration proposals."
What Project 2025 Says About Immigration - American Immigration Council
[18] documented
The interim final rule codifies the asylum and annual asylum fees, including the consequences of non-payment, as required by H.R.1.
"This IFR amends U.S. Citizenship and Immigration Services (USCIS) regulations to codify: the asylum and annual asylum fees, including the consequences of non-payment of these fees;"
USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill (Homeland Security Department, 2026-04-29)
[19] documented
The asylum application fee under 8 U.S.C. 1802 must be paid when the application is filed and cannot be waived or reduced.
"The asylum application fee required by 8 U.S.C. 1802 is due at the time the application is filed and provides that the fee may not be waived or reduced."
USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill (Homeland Security Department, 2026-04-29)
[20] documented
Under 8 U.S.C. 1802(d), asylum fees are split evenly, with fifty percent credited to USCIS and fifty percent to EOIR.
"Per 8 U.S.C. 1802(d), fifty percent of the fees received by USCIS will be credited to USCIS and fifty percent to EOIR."
USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill (Homeland Security Department, 2026-04-29)
[21] supported
The plan proposes raising the standard for a credible fear of persecution so that it aligns with the standard for asylum.
"The standard for a credible fear of persecution should be raised and aligned to the standard for asylum."
Chapter 5: The Department of Homeland Security
[22] documented
Under the IFR, average processing time for USBP encounters from encounter to removal fell by more than 25 percent compared with the Circumvention of Lawful Pathways rule, to 32 days.
"under the IFR, the average processing time decreased more than 25 percent as compared to the time period under the Circumvention of Lawful Pathways rule, to 32 days."
Securing the Border (Homeland Security Department, Justice Department, 2024-10-07)
[23] supported
Project 2025 would reinstate 'Remain in Mexico' and various regulatory bars to asylum, leaving migrants stranded at the U.S.-Mexico border.
"Project 2025 would reinstate those policies, including “Remain in Mexico” and various regulatory bars to asylum (pp. 145, 151)"
​ ​ FACT SHEET: Exposing Project 2025’s Day One Plans to Target Immigrants,
[24] supported
The plan proposes that Congress eliminate the 'particular social group' asylum ground and state that gang violence and domestic violence are not grounds for asylum.
"Congress should eliminate the particular social group protected ground as vague and over broad - that gang violence and domestic violence are not grounds for asylum."
Chapter 5: The Department of Homeland Security
[25] documented
USBP referrals for expedited removal rose about 28 percent under the IFR, to nearly 1,100 persons per day.
"USBP referrals for expedited removal increased approximately 28 percent, to an average of nearly 1,100 persons per day."
Securing the Border (Homeland Security Department, Justice Department, 2024-10-07)
[26] supported
The plan proposes bringing back the Remain in Mexico program as needed to withstand judicial scrutiny and executive inaction.
"Bring back the Remain in Mexico program as needed to withstand judicial scrutiny and executive inaction."
Chapter 5: The Department of Homeland Security
[27] supported
Project 2025 would require local law enforcement agencies to hold migrants for DHS or lose their federal funding.
"law enforcement agencies to hold migrants for DHS or lose their federal funding (p. 137)."
​ ​ FACT SHEET: Exposing Project 2025’s Day One Plans to Target Immigrants,
[28] supported
The plan proposes requiring ICE to use all detention space, issue weekly reports on detention capacity, and allow temporary capacity such as tents once permanent space is full.
"Mandate that ICE use all detention space in full compliance with Section 235 of the Immigration and Nationality Act (INA), issue weekly reports on detention capacity, and provide authority for low-level temporary capacity (for example, tents) once permanent space is full."
Chapter 5: The Department of Homeland Security
[29] supported
The Departments argue the rule does not cut enforcement resources but keeps them from being spread so thin, letting them allow more timely adjudication of existing claims.
"The rule does not cause a reduction in overall resources dedicated to immigration processing and enforcement. Rather, it prevents those resources from being spread so thin."
Securing the Border (Homeland Security Department, Justice Department, 2024-10-07)
[30] supported
Project 2025 would expand expedited removal and detention and authorize tent camps to carry out mass deportations.
"By expanding expedited removal (p. 142) and detention (pp. 140-41, 151) and authorizing tent camps (pp. 140, 151),"
​ ​ FACT SHEET: Exposing Project 2025’s Day One Plans to Target Immigrants,
[31] supported
The plan proposes eliminating the use of Alternatives to Detention for border crossers except in rare cases with the explicit authority of the Secretary.
"Eliminate the use of Alternatives to Detention (ATD) for border crossers except in rare cases and only with the explicit authority of the Secretary."
Chapter 5: The Department of Homeland Security
[32] documented
Proposals to broadly limit lawful pathways such as parole processes were declared outside the scope of this rulemaking, so the government did not adopt them here.
"Proposals to broadly limit lawful pathways to enter the United States, such as parole processes, are outside the scope of this rulemaking"
Securing the Border (Homeland Security Department, Justice Department, 2024-10-07)
[33] documented
The Office of Legal Counsel concluded that DHS's proposed policy to prioritize removal of certain aliens unlawfully present in the United States would be a permissible exercise of DHS's discretion to enforce the immigration laws.
"The Department of Homeland Security’s proposed policy to prioritize the removal of certain aliens unlawfully present in the United States would be a permissible exercise of DHS’s discretion to enforce the immigration laws."
The Department of Homeland Security's Authority to Prioritize Removal of Certain Aliens Unlawfully Present in the United States and to Defer Removal of Others (Department of Justice Office of Legal Counsel, 2014-11-19)
[34] documented
The Department of Homeland Security proposed a policy to prioritize the removal of certain aliens unlawfully present in the United States, which the Office of Legal Counsel found would be a permissible exercise of DHS's enforcement discretion.
"The Department of Homeland Security’s proposed policy to prioritize the removal of certain aliens unlawfully present in the United States would be a permissible exercise of DHS’s discretion to enforce the immigration laws."
Prioritizing and Deferring Removal of Certain Aliens Unlawfully Present in the United States (Department of Justice Office of Legal Counsel, 2014-11-19)
[35] documented
DHS proposed a deferred action program for parents of U.S. citizens and legal permanent residents, which the Office of Legal Counsel found would also be a permissible exercise of DHS's discretion.
"DHS’s proposed deferred action program for parents of U.S. citizens and legal permanent residents would also be a permissible exercise of DHS’s discretion"
Prioritizing and Deferring Removal of Certain Aliens Unlawfully Present in the United States (Department of Justice Office of Legal Counsel, 2014-11-19)
[36] supported
The document also refers to a proposed DHS deferred action program for parents of U.S. citizens, though the excerpt is cut off before describing it.
"The Department of Homeland Security’s proposed deferred action program for parents of U.S. ci"
The Department of Homeland Security's Authority to Prioritize Removal of Certain Aliens Unlawfully Present in the United States and to Defer Removal of Others (Department of Justice Office of Legal Counsel, 2014-11-19)