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.

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together
When the Trump administration implemented mass family separation in 2018, the American public was outraged. Two years later, U.S. Immigration and Customs Enforcement (ICE) is using a different strategy with the risk of a similar result. The agency is now forcing parents at its family detention centers to choose between… Read More

Council Sues Government to Compel Release of Records about ‘Remain in Mexico’ Program
This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the Migration Protection Protocols (MPP)—also known as the "Remain in Mexico" program. Read More

US: Lawsuit Over ‘Remain in Mexico’ Program Secrecy
The American Immigration Council, the American Immigration Lawyers Association, Human Rights Watch, and the law firm Winston & Strawn LLP filed a lawsuit in the U.S. Northern District of California today to compel the release of records about the US Migrant Protection Protocols, also known as the “Remain in Mexico” program. Read More

Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization
The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers provide a wide range of criminal records when applying for an employment authorization document (EAD). U.S. Citizenship and Immigration Services revised the… Read More

New Data Shows Border Patrol Agents Reject More Asylum Seekers
The Trump administration has used the coronavirus pandemic to justify shutting down the southern border—and much of our asylum system along with it. But long before the pandemic, the administration set up obstacles to asylum. Newly released data shows that one of those obstacles, which made U.S. Border… Read More

A Federal Court Allows Parents and Children Torn Apart by Family Separation Policy to Continue Suit Against the Trump Administration
A federal court in Arizona allowed five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy to move forward with a lawsuit against the United States for the cruel treatment and anguish U.S. immigration agencies inflicted on them. The court denied the government’s motion to dismiss the case. Read More

Federal Appeals Court Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE. Read More

How Coronavirus is Changing US Asylum Policy at the Border
The Trump administration detailed its plans to begin rapidly deporting to Mexico people encountered at or near the southern border—without any due process—as the coronavirus continues to spread throughout the globe. The plans were released in a new order issued by… Read More

CBP Hides Itself from Public View and Lacks Accountability
U.S. Customs and Border Protection (CBP) has historically conducted immigration enforcement along our borders. In this role, the agency has developed a reputation for overuse and abuse of its authority. Government transparency efforts have been critical in uncovering CBP’s misconduct. Freedom of Information Act (FOIA) lawsuits have revealed, for example,… Read More

DHS Reveals New Details of Secretive Asylum Programs PACR and HARP
The Department of Homeland Security (DHS) revealed new information this week about two asylum programs at the U.S.-Mexico border. These programs are under scrutiny because they make it almost impossible for attorneys to speak with or meet their clients in border holding facilities. This leads to rushed life-or-death… Read More
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