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Immigration Attorney Cautions Against Seeking Asylum at the Border Now

Monday, May 11, 2026 by Daniel Colon

This Monday, Immigration Attorney Willy Allen issued a clear warning to individuals considering approaching the border to apply for asylum. "I wouldn't recommend anyone cross the border right now. At this moment, I wouldn't advise showing up," he stated in response to a viewer's question during his weekly program on CiberCuba, which has been running for two years.

Allen's remarks came during an interview with Tania Costa, where he discussed the current migration landscape. This environment is significantly influenced by the massive expansion of ICE agents, as announced by Tom Homan, often referred to as the "border czar." Homan revealed the addition of 7,000 new agents from Immigration and Customs Enforcement, with another 3,000 in training.

The attorney acknowledged a federal court's order to open the borders for asylum requests but warned that under the Trump Administration, implementing this will be challenging in practice.

"I suspect that those who are allowed entry or manage to enter will need to apply for their full asylum while in detention. If they lose, they will be deported back to their countries," Allen explained.

Challenges of the Asylum Process

According to Allen, the specific mechanism designed by the Department of Homeland Security (DHS) for processing asylum applications at the border will be "tied to detention centers," making the process "extremely difficult and problematic."

He emphasized that winning an asylum case while detained under the current administration is exceptionally difficult. "Winning a case in detention with this government and the judges they've appointed is going to be quite a challenge," he noted.

One of the practical difficulties he identified is communication with detainees. "One of the things that makes defending someone in detention challenging is the difficulty in communicating with the detainee, and they keep moving them between centers," he warned, adding that he has already had two disputes via video conference with newly appointed judges by the administration.

Impact of Detention Center Expansion

Willy Allen also cautioned about the growth of detention camps. "I believe the expansion of these detention centers will lead to entire families being detained," he said.

According to Allen, up to 75% of individuals detained by ICE have no criminal background, indicating that no one is entirely safe from detention.

Hope for Change

Despite the bleak outlook, Allen did not rule out the possibility of change. "I believe that sooner rather than later, federal courts will order that there must be some way for a person at the border to apply for asylum," he stated, suggesting that it remains to be seen how the situation unfolds and what specific mechanism the DHS establishes.

In the week prior to the interview, Allen's team achieved victories in federal courts, securing the release of three detainees.

FAQs on Seeking Asylum at the US Border

Why is seeking asylum at the US border currently discouraged?

Attorney Willy Allen advises against it due to the challenges posed by the current immigration policies and the difficulty of winning asylum cases while in detention.

What is the role of ICE in the current immigration scenario?

ICE is expanding significantly, with 7,000 new agents being added, impacting the enforcement of immigration laws and the detention of individuals seeking asylum.

How does the detention process affect asylum seekers?

The process is tied to detention centers, making it difficult for asylum seekers to communicate with legal representatives and increasing the complexity of their cases.

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