Can I Apply for U.S. Asylum If I'm From Mexico?

Despite regularly being on the top-10 list for the most applications for asylum filed in the United States each year, Mexican nationals account for very few of the asylum approvals. Perhaps due to high numbers of undocumented Mexicans present in the U.S., judges and asylum officers are skeptical about the legitimacy and credibility of Mexican asylum claims.

Read on for more information about U.S. asylum claims from Mexico. To learn more about asylum in the United States generally, see these articles on Asylum & Refugee Status.

WARNING: The situation could get worse. Soon after taking office in 2025, Donald Trump begin issuing executive orders cracking down on immigration. This included ending the use of a an app called CBP One, which was the only practical means for asylum seekers to make an appointment for an initial interview at the southern border. (See Requesting Asylum at U.S. Border? What to Expect at Credible Fear Interview.) And in an order called GUARANTEEING THE STATES PROTECTION AGAINST INVASION, Trump called migration across the southern border to be an invasion, as a result of which the order declared unlawful entry to be a bar to applying for asylum. This bar could be lifted someday if Trump says the "invasion" has ceased, but it's anybody's guess when that might happen. (See Bars to Receiving Asylum or Refugee Status for more on who is ineligible for asylum despite legitimately fearing persecution in their home country.) Lawsuits alleging that Trump's order violates international and U.S. law are also sure to come.

What Types of Asylum Claims From Mexico Typically Succeed?

Despite its close proximity to the United States, only around 1,000 people from Mexico are typically granted asylum in the United States each year. According to the Department of Homeland Security (DHS), for example, in 2023 a mere 890 Mexican nationals succeeded in obtaining an asylum grant (after either submitting an affirmative U.S. asylum application or after using asylum as a defense in deportation proceedings). But approval rates can vary widely year by year.

Among the most commonly granted asylum petitions from Mexico are those based on fear of persecution and violence from drug cartels and drug traffickers, based on the applicants' membership in a particular social group or political opinion. Applicants have claimed that the government of Mexico is unwilling or unable to protect them.

Journalist, activist, and politician asylees have also described death threats, unlawful detention, and the assault or murder of family members in their applications. The nongovernmental organization Human Rights Watch says in its 2025 World Report that the country faces on ongoing human rights crisis "rooted in extreme violence by organized crime groups and widespread abuse by state agents."

There have also been grants of U.S. asylum for the lesbian, gay, bisexual, and transgender, and questioning (LGBTQ) community. While LGBTQ Mexican asylum claims remain prevalent, however, many have been denied in recent years, citing "changed circumstances" in Mexican attitudes toward members of the LGBTQ community. Indeed, same-sex couples have been able to legally marry in Mexico since 2015.

Mexican women who have been victims of domestic violence have also been successful in their applications for asylum by claiming to be members of a particular social group.

Common Reasons for Denial of Asylum Claims From Mexico

As with all asylum applications, a common reason for denial is that the asylum officer or immigration judge does not find the applicant's story to be "credible" (believable). Unfortunately, discrimination and prejudice against Mexicans and Mexican-Americans remains a widespread problem in the United States, with many Mexican immigrants stereotyped as "border jumpers" who are illegally living and working in the United States.

Immigration officers and judges commonly issue findings that asylum applicants from Mexico lack credibility, deny asylum cases at a high rate, and find that many applications were "frivolous" (barring the applicant from any further U.S. immigration benefits).

Another common reason for denial of Mexicans' asylum applications is the difficulty of proving that the violent reprisals that Mexicans fear are based on one of the five protected grounds required under the law, namely race, ethnic group, religion, political opinion, or particular social group. Even if an applicant's story is credible, asylum officers and immigration judges will often determine that the harm that Mexican asylum applicants describe is simply due to the widespread problem of violence throughout the country.

Danger of Long-Term Detention or Expedited Removal

Gaining access to the United States in order to apply for asylum is a struggle for people in Mexico, and many who try or briefly succeed end up being detained for long periods while waiting for their applications to be adjudicated. For more information on applying for asylum at the border or U.S. entry points, see Asylum or Refugee Status: How to Apply.

Treatment in the detention facilities on or near the U.S.-Mexico border is similar to that in prisons, and asylum applications are often abandoned because the applicants no longer want to live in detention. For more on this, see Living Conditions in Immigration Detention Centers.

What Can Mexican Asylum Seekers Do to Increase Their Chances of Success?

Because there are so many Mexican asylum denials, you might have a difficult time convincing a U.S. asylum officer or immigration judge that your claim has merit. Often Mexican asylum seekers spend years putting together a convincing case only to have their application denied.

Consult with an experienced immigration attorney, who can advise you as to your options and might be able to locate helpful documentation to support your case. Also, it is important for you to be as specific as possible when answering the questions on Form I-589, Application for Asylum and Withholding of Removal, in order to present a strong and credible case.

For example, if you are claiming persecution based on political opinion (such as your membership in a political party that has been threatened by drug cartels), provide detailed records of your participation (such as membership cards or other documents that identify you as a member) and of your close relationship to individuals who have been harmed (for example, newspaper articles that describe details of the kidnapping of a fellow politician similarly situated to you).

You should also identify the groups or individuals that have harmed or targeted you or your family members. You will need to include reports from human rights organizations that corroborate your statements and provide medical records and police reports for any abuse suffered at the hands of government or nongovernment officials.

If You Can't Afford an Asylum Attorney

Fortunately, many nonprofit (charitable) organizations offer free or low-cost legal help to asylum seekers. See How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.