WASHINGTON – Today, The Heritage Foundation released a special report titled “The U.S. Must Re-Design Asylum Law for 21st Century Reality and Put America First.” The report examines flaws in America’s current asylum and refugee system and proposes solutions to restore border integrity, national security, and the rule of law. Drawing on lessons from Australia, the United Kingdom, and Europe, the report outlines a comprehensive strategy to modernize U.S. asylum laws and ensure they serve America's best interests. 

Lora Ries, director of Heritage’s Border Security and Immigration Center and co-author of the report, stated:  

“America’s immigration policies will shape the future of this nation. If we maintain the status quo, we risk serious consequences, including the collapse of our country. The current asylum and refugee system is plagued by fraud and abuse, failing to protect American interests.
 

“This report offers concrete recommendations to revamp the process—prioritizing national security, deterring bad actors, and ensuring that legitimate asylum applicants receive the protections they need. The time for significant reform is now.” 

Below are some key takeaways: 

• As in Europe, the U.S. has allowed its asylum system to collapse due to overly generous interpretation of the UN Refugee Convention, fraudulent applications, meritless appeals, sclerotic case processing, and utterly inadequate follow-through to remove failed asylum claimants.

• The Biden administration additionally enticed aliens to submit fraudulent asylum applications by ending successful anti-fraud policies and bilateral agreements, releasing asylum applicants into the U.S. without detaining them as required by law, and providing aliens expedited work authorization and other benefits.

• As a whole, the European Union’s refugee and asylum process does not work, but Australia’s Off-Shore Migrant Processing Plan does. Britain’s Rwanda Off-Shore Plan, Itay’s Albania Plan, and Germany’s Africa Plan all offer lessons for the United States.

• The Trump administration and Congress must reform America’s outdated and ineffective asylum and refugee process. This includes pulling out of the international Geneva Convention and amending immigration law to eliminate the “membership in a particular social group” loophole. 

• Immigration – of all kinds - remains a congressional duty to regulate. Once a new refugee and asylum regime that places American interests over globalism is enacted, the executive branch must enforce those laws without circumventing them to achieve political aims. 

Simon Hankinson, senior research fellow at Heritage’s Border Security and Immigration Center and co-author of the report, added:  

“President Donald Trump’s landslide victory in November made it clear that the American people reject mass illegal migration and exploitation of our asylum system. 

 

“The current system is unsustainable and must be overhauled. The days of aliens ‘country shopping’ and exploiting humanitarian protections for job opportunities must end. The administration and Congress have the tools to restore order.”