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.
The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office
As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of new regulations, memos, and proclamations. While it may be a “lame duck” period, it is one of the busiest as… Read More
Who Is Alejandro Mayorkas? The New DHS Secretary Will Spearhead Biden’s Immigration Agenda
The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic firsts for the department—he will be the first Latino and immigrant to lead DHS. This is a significant departure from the… Read More
Discriminatory Treatment of Haitians Throughout History Informs Current Policy at the US-Mexico Border
For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a recent amicus—or “friend of the court”—brief filed in a lawsuit challenging this policy argues that the true… Read More
Council Files Amicus Brief on Opportunity for Detained Migrants with Prior Removal Orders Seeking Humanitarian Protection to be Released on Bond
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal. Read More
Lawsuit Demands Records on the Treatment of Migrant Children at the Border During COVID-19 Pandemic
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States. Read More
The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings
Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As they get sent back, U.S. government officials give them insufficient information about how to attend their immigration court… Read More
Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law. Read More
Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges
At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for its staff of over 115,000 people. The decision could have a… Read More
Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services." Read More
The Difference Between Asylum and Withholding of Removal
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on applicants. Read More
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