Asylum
Asylum grants legal protection to foreign nationals already in the U.S. or arriving at the border who can’t go back to their home country because of persecution. Learn more about the asylum system in the United States, including how asylum is defined, eligibility requirements, and the difficult and complex application process.
Strategies and Considerations in the Wake of Niz-Chavez v. Garland
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision. Read More
Scientific Evidence Shows Assumptions About Asylum Seekers’ Memory Are Wrong
How well should someone be able to remember every detail of a traumatic event? The U.S. government argues people should have a near perfect memory to obtain asylum—even if they experienced the trauma years in the past. Due to unprecedented backlogs in immigration court and the Asylum office,… Read More
Biden Will Admit Asylum Seekers Ordered Deported Under Trump’s Migrant Protection Protocols
Asylum seekers who were ordered deported for missing their U.S. court hearings under the Trump administration’s so-called Migrant Protection Protocols (MPP)—informally known as the “Remain in Mexico” program—will be allowed to restart their proceedings in the United States. Thousands of others whose cases were terminated because of procedural… Read More
Attorney General Rescinds Two Trump Decisions, Restoring Protection to Many Asylum Seekers
Attorney General Merrick Garland announced on June 16 that he is restoring a vital lifeline to survivors of gender-based violence, gang violence, and violence on account of family relationships. Garland issued two decisions overruling Trump-era Attorneys General Jeff Sessions and William Barr’s rulings disqualify many such individuals from asylum in… Read More
Letter Urging Attorney General Merrick Garland to Vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A
The Council joined 356 other organizations, law school clinics, professors, law firms, and practitioners in urging Attorney General Merrick Garland to vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A. These Trump-administrative decisions limit the circumstances under which an asylum seeker can win protection due to persecution on… Read More
Returning to Our Humanitarian Obligations, AG Garland Restores Protections for Many Asylum Seekers
Attorney General Merrick Garland announced today that he is restoring a vital lifeline to victims of severe domestic violence, gang violence, and violence on account of family relationships. Read More
Collecting DNA From Asylum Seekers at the Border Raises Privacy Concerns
U.S. Customs and Border Protection is collecting DNA from asylum seekers at the border, recent media reports confirm. This is the latest expansion of DNA collection as part of a program initiated under the Trump administration that targets nearly all immigrants in government custody. A growing number of noncitizens… Read More
Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings. Read More
Coalition Letter Urges Biden Administration to End Migrant Protection Protocols
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP. Read More
New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A… Read More
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