Asylum

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Recent Features

All Asylum Content

July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
May 14, 2018
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including...
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
May 18, 2016
First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries...
July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

May 21, 2014
This paper addresses these issues, summarizes the concerns and experiences of numerous advocates in the field, and concludes that the credible fear and asylum process poses obstacles for applicants...
May 7, 2012
With approximately 19 million immigrant women and girls in the United States, nearly half of the foreign-born population is female. Unfortunately, many of these immigrant women, particularly those...
February 1, 2005
The efficiency of the asylum program depends in large part on a fully staffed and adequately funded Asylum Corps that evaluates asylum claims thoroughly and expeditiously.
This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
September 4, 2019
The administrative complaint filed with government oversight agencies highlights a systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody. This violates CBP’s own internal guidance and extensive medical guidelines.
August 16, 2019

The American Immigration Council and the American Immigration Lawyers Association submitted a comment explaining how the interim final rule on Asylum...

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

December 3, 2018
In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute’s persecutor bar for individuals seeking asylum or withholding of removal
September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
July 3, 2019
Immigration courts must continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews.
December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
September 5, 2017
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.
February 21, 2017
This Practice Advisory addresses the coming expansion of expedited removal.
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
November 14, 2019

In a new proposal officially put forward on Thursday, U.S. Citizenship and Immigration Services (USCIS) called for major fee hikes for immigration-related applications. The cost for becoming a...

November 7, 2019

The Trump administration is proposing a new rule that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the...

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

October 8, 2019

Officers from U.S. Customs and Border Protection (CBP)—a law enforcement agency with a history of misconduct and abuse—are reportedly conducting screenings of asylum seekers pursuing protection in...

October 4, 2019

The Trump administration announced last week that it had signed an “Asylum Cooperative Agreement” with Honduras, following two similar agreements signed with El Salvador and Guatemala. If any of...

September 20, 2019

Five mothers and their children sued the U.S. government on Thursday for forcibly separating them in 2018. The five families are among the thousands of parents and young children who were split...

September 12, 2019

The Supreme Court issued an emergency ruling on Wednesday allowing the Trump administration to implement a ban on asylum seekers at the southern land border. The ban applies to people who...

September 11, 2019

U.S. Citizenship and Immigration Services (USCIS) recently proposed a rule that will further delay asylum seekers’ ability to receive work authorization. Under current law, USCIS must grant or...

September 9, 2019

The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty....

September 4, 2019

Border Patrol agents placed a detained 9-year-old girl with a kidney disease at high risk of a urinary tract infection by not allowing her to shower or change her underwear for five days. Agents...

October 24, 2019
Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection.
October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
September 26, 2019
Immigrant rights attorneys moved to block the Trump administration’s Asylum Ban from affecting tens of thousands of migrants who have already attempted to access the U.S. asylum process before the ban was implemented. With limited exceptions, the Asylum Ban prohibits anyone who traveled through a third country and did not seek protection there from obtaining asylum here. The request filed today is in the ongoing case challenging the Trump administration’s policy of turning back asylum seekers at ports of entry on the U.S.-Mexico border, including the “metering” policy.
September 19, 2019
Five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy filed a lawsuit against the United States for the cruel treatment and agony U.S. immigration agencies inflicted on them. The five parents and their children, who were as young as five at the time of the separation, claim that the U.S. government intentionally subjected them to extraordinary trauma that will have lifelong implications.
July 30, 2019
A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along the U.S.-Mexico border – including its attempt to choke off asylum applications through a so-called “metering” process.
July 22, 2019
A federal appeals court ruled that asylum seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum seekers.
July 15, 2019
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law.
July 2, 2019
A federal court has blocked a Trump administration policy that categorically denies bond hearings to asylum-seekers. The policy, announced April 16 by Attorney General William Barr, targeted asylum-seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. The American Immigration Council, Northwest Immigrant Rights Project, and American Civil Liberties Union challenged the policy with the lawsuit Padilla v. ICE.
May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
April 16, 2019
In a decision today, Attorney General William Barr ruled that individuals with valid protection asylum claims who entered between ports of entry no longer are eligible for release on bond by an immigration judge. The decision could result in the unnecessary detention of thousands more individuals each year, despite the enormous financial and human costs. With the Northwest Immigrant Rights Project and the ACLU, the American Immigration Council intends to challenge the new decision.
November 14, 2019

In a new proposal officially put forward on Thursday, U.S. Citizenship and Immigration Services (USCIS) called for major fee hikes for immigration-related applications. The cost for becoming a...

November 7, 2019

The Trump administration is proposing a new rule that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the...

October 24, 2019
Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection.
October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

October 8, 2019

Officers from U.S. Customs and Border Protection (CBP)—a law enforcement agency with a history of misconduct and abuse—are reportedly conducting screenings of asylum seekers pursuing protection in...

October 4, 2019

The Trump administration announced last week that it had signed an “Asylum Cooperative Agreement” with Honduras, following two similar agreements signed with El Salvador and Guatemala. If any of...

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
September 26, 2019
Immigrant rights attorneys moved to block the Trump administration’s Asylum Ban from affecting tens of thousands of migrants who have already attempted to access the U.S. asylum process before the ban was implemented. With limited exceptions, the Asylum Ban prohibits anyone who traveled through a third country and did not seek protection there from obtaining asylum here. The request filed today is in the ongoing case challenging the Trump administration’s policy of turning back asylum seekers at ports of entry on the U.S.-Mexico border, including the “metering” policy.
September 20, 2019

Five mothers and their children sued the U.S. government on Thursday for forcibly separating them in 2018. The five families are among the thousands of parents and young children who were split...

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