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.
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
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
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