The Department of Homeland Security has directed Immigration and Customs Enforcement attorneys to file "pretermit motions" in immigration court—legal filings that seek dismissal of asylum cases before a full hearing occurs. Since September 2026, ICE filed more than 20,000 such motions in January 2026 alone, with immigration judges approving approximately 80% or more of them, reshaping how asylum claims reach court.
The policy relies heavily on deporting applicants to third countries—mostly Honduras, Guatemala, and Ecuador—where the government argues they should have filed for asylum instead. The strategy has rapidly accelerated deportations and collapsed the overall U.S. asylum grant rate to 5–5.5% by June 2026, down from historical averages of around 40%.
Table of Contents
- What a Pretermit Motion Is
- How Often Judges Are Approving These Motions
- Same-Day Dismissal Without Time to Respond
- Deportation to Countries Applicants Have No Connection To
- The Collapse of Asylum Grant Rates
- Frequently Asked Questions
What a Pretermit Motion Is
A pretermit motion is a legal filing arguing that an asylum claim is "legally deficient"—meaning that even if the judge accepts all the applicant's facts as true, those facts still do not establish eligibility for asylum protection. Under immigration law, judges can dismiss cases this way, and the DHS directive tells ICE attorneys to use this tool on a large scale.
The motion shifts the burden: instead of ICE proving an asylum claim is false, the applicant must immediately prove their case is legally sufficient, often without time to prepare a written response. If the judge rules against them, the case ends; there is no second chance to present the full evidence.
How Often Judges Are Approving These Motions
Immigration judges are approving nearly all of these motions. In one analysis of May–July 2025 cases, judges granted 80% of oral pretermit motions, with specific courts reaching higher rates: the Van Nuys, California court approved 98.6% (215 of 217 motions), and the Atlanta W.
Peachtree court approved 100% (193 of 193). Once a motion is granted, the case is closed and the applicant faces deportation. This approval pattern is historically unusual. Immigration judges have varied in their approach to these motions historically, but the current directive and near-universal approval suggest a uniform policy shift across courts.
Same-Day Dismissal Without Time to Respond
A critical procedural issue is speed. In the same May–July 2025 period, 86.5% of oral pretermit motions were decided the same day they were filed, which prevents respondents from exercising their legal right to a 10-day period to file a written response. This means an applicant or their attorney may have minutes or hours to counter a legal argument they were not expecting, rather than days to prepare.
For unrepresented applicants—those without attorneys—a same-day motion can be particularly difficult to oppose. Immigration attorneys often receive notice only as they arrive at the hearing, leaving no time to research the law or gather supporting evidence.
Deportation to Countries Applicants Have No Connection To
The pretermit motions depend on Asylum Cooperative Agreements with Honduras, Guatemala, Ecuador, and other nations, which allow the U.S. to deport asylum seekers to those countries instead. From August 2025 to June 2026, 7,606 non-Honduran nationals were deported to Honduras under this policy, including Guatemalans, Salvadorans, and nationals of other countries.
A major problem: many deported individuals have no genuine connection to the country they are sent to. After deportation to Honduras, more than 90 Guatemalans were bussed back to Guatemala by Honduran authorities without asylum screening, and the majority of those deported to third countries did not remain there. This means applicants face deportation to a country where they lack family, employment, or legal status—not as a fair rerouting but as a one-way exit with no asylum process.
The Collapse of Asylum Grant Rates
The overall effect on asylum decisions in the United States has been stark. The asylum grant rate fell to 5–5.5% by June 2026, with a 94% denial rate, compared to historical averages around 40%. In March 2026 alone, immigration judges granted only 700 asylum cases while denying 12,844. This dramatic shift results both from pretermit motions—which dismiss cases before a hearing—and from overall policy pressure on judges to deny claims.
For applicants currently in the system, the odds of approval have become very low, even for those who reach a full hearing. The pretermit motions accelerate dismissals before evidence can be presented, while the broader policy environment cuts grants across the board.
Frequently Asked Questions
What is the difference between a pretermit motion and a regular asylum denial?
A pretermit motion dismisses a case before any hearing occurs, arguing the claim is legally insufficient—meaning even if all facts were true, they would not qualify for asylum. A regular asylum denial happens after a hearing where the applicant presents evidence. A pretermit dismissal offers no opportunity to be heard.
Can I appeal a pretermit motion dismissal?
Yes, you can appeal to the Board of Immigration Appeals (BIA), but the process is lengthy and you would be ordered deported while the appeal is pending unless you qualify for a stay of removal. Most appeals do not reverse pretermit denials.
What should I do if I receive notice of a pretermit motion?
Contact an immigration attorney immediately. You have the legal right to request a 10-day written response period, even if the motion is oral. Your attorney can research the legal arguments and file a written opposition. Do not ignore the motion or assume the hearing date is still set.
How does the third-country deportation work?
If a pretermit motion is granted, ICE may deport you to a country with which the U.S. has an Asylum Cooperative Agreement (Honduras, Guatemala, Ecuador, etc.), even if you are not a citizen of that country. You would be expected to apply for asylum there instead of in the U.S.