ICE Enforcement, Pending Asylum and CBP Home

Martha Arias — Mon, 10 Aug 2026 21:35:40 +0000

In my recent interview with Orián Brito, we discussed some of the immigration questions I am hearing more frequently: increased ICE enforcement, pending asylum cases, immigration court proceedings, and whether someone should consider leaving the United States through CBP Home.

We began by discussing ICE’s expanding use of body-worn cameras. ICE has stated that it expects every officer and agent in the field to be equipped with a body-worn camera by the end of August 2026.

But for immigrants and their families, the larger concern is often much more personal: What happens if I already have a case pending?

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A Pending Asylum Case Requires Careful Attention

A significant change took effect on July 28, 2026. DHS now permits USCIS, in certain affirmative asylum cases, to refer an application directly to immigration court without first conducting an asylum interview.

This can apply to some pending cases as well as new applications. USCIS may make the referral based on the application, supporting evidence, and other information in the record.

This does not mean that every pending asylum applicant will automatically be sent to immigration court. It does mean that people with pending asylum cases should understand the strength, history, and procedural position of their own application rather than assuming that the normal process will remain unchanged.

What Is a Motion to Pretermit?

We also discussed Motions to Pretermit, which DHS may raise in immigration court.

In Matter of H-A-A-V-, the Board of Immigration Appeals held that an immigration judge may pretermit an asylum or related protection application without a full evidentiary hearing when there are no material factual disputes and, even taking the applicant’s allegations in the most favorable light, those allegations do not establish basic eligibility for the relief requested.

In simpler terms, some cases may face an earlier legal challenge before reaching a full asylum hearing.

That makes preparation increasingly important.

Thinking About Leaving Through CBP Home?

Another viewer asked about CBP Home, which DHS currently uses to facilitate voluntary self-departure from the United States.

Before making that decision, however, I strongly recommend understanding what departure could mean for your individual immigration history.

Leaving the United States can have immigration consequences. For example, depending on the circumstances, accumulated unlawful presence followed by departure can trigger three-year or ten-year inadmissibility bars.

CBP Home therefore should not be viewed as a substitute for reviewing your particular situation before leaving.

Know Your Own Case

The most important message from my conversation with Orián is simple: immigration cases that appear similar can have very different consequences.

If you have a pending asylum application, immigration court proceedings, a prior immigration order, or questions about departing the United States, take the time to understand your own record before making an important decision.

Thank you to Orián Brito for continuing to bring the community’s questions into these conversations.

Martha L. Arias, Esq.
Immigration Law Attorney

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For professional and dedicated immigration legal services, reach out to immigration attorney Martha Arias at (305) 671-0018 or schedule your consultation today. Let us help you achieve your immigration goals.

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Disclaimer:
This article is provided for general educational and informational purposes only and does not constitute legal advice. Every immigration matter depends on its individual facts and circumstances.

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