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.
Trump Asylum Transit Ban Blocked
A Ninth Circuit Court of Appeals panel today blocked the Trump administration’s asylum transit ban from being applied to thousands of asylum seekers who were unlawfully prevented from accessing the U.S. asylum process before the ban was implemented. The decision lifts a prior administrative stay of the district court’s preliminary injunction. That injunction prohibits the government from applying the asylum ban to those who had been illegally metered before the ban went into effect. Read More
Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally
The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S. Citizenship and Immigration Services (USCIS). The ruling voids two asylum policies Cuccinelli had signed off on. Read More
Ruling on Migrant Protection Protocols Is a Step Forward in Restoring the Rule of Law at the Border
The Ninth Circuit Court of Appeals blocked the Trump administration’s Migrant Protection Protocols, also known as the “Remain in Mexico” program. Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under MPP. Read More
Federal Court Finds Conditions in Customs and Border Protection Detention Facilities Unconstitutional
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution. Read More
Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews
In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical care, and without access to an attorney. Under two new government processes—the Prompt Asylum Claim Review (PACR) and the Humanitarian Asylum… Read More
Las Americas Immigrant Advocacy Center v. Wolf
The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American Civil Liberties Union (ACLU) of Texas, the ACLU Immigrants’ Rights Project, and ACLU of the District of Columbia. The amicus brief urges the… Read More
A Humanitarian Catastrophe at the Border: One Year of the ‘Migrant Protection Protocols’
One year ago today, a confused Honduran man seeking asylum in the United States became the first person to be turned away from the border and sent back to Mexico to await a U.S. court hearing. He would become the first of nearly 60,000 people subjected… Read More
Comments on Proposed Restrictions to Asylum Procedures and Bars to Eligibility
The Trump administration has proposed amending regulations that affect asylum eligibility. If implemented, the regulations would shut America’s doors to many of those most in need of protection. The Council opposes the proposed new rules, which include sweeping new criminal bars and changes in the treatment of vacated convictions and sentences.
Tent Immigration Courts Are Still Not Fully Open to the Public
Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The government announced these secretive courts would finally be opened last week, but the public still does not have full access. For the… Read More
Changes to Work Permit Eligibility Leave Asylum Seekers Without a Job
People who come to the United States in search of protection must be allowed to work during the often-lengthy asylum application process. They need to be able to support themselves and their families. Yet the Trump administration wants to make it harder for asylum seekers to… Read More
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