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.
Asylum in the United States
- Asylum
- May 9, 2025
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of…
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Trump’s Latest Asylum Ban Goes Into Effect in Texas and New Mexico
The Trump administration’s latest asylum ban went into effect in New Mexico and Texas—but not California and Arizona—on Friday after a ruling from the Ninth Circuit Court of Appeals. The ruling amounts to a partial victory for President Trump. While the ban covers the border states outside of the Ninth… Read More
Opposing the “Asylum Ban 2.0” Interim Final Rule
The American Immigration Council and the American Immigration Lawyers Association submitted a comment explaining how the interim final rule on Asylum Eligibility and Procedural Modification strips fundamental protections from vulnerable individuals fleeing persecution and would return bona fide asylum seekers to harm. This new rule would… Read More
Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process
In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United States together without authorization. The program is intended to discourage Central American families from coming to the United States by quickly… Read More
Attorney General Barr Rolls Back Asylum Protections for Families
Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new immigration court decision that says people should generally not be granted asylum if they face persecution because of… Read More
Federal Court Rules that Challenge to Trump’s Asylum Turnback Policy Will Move Forward
A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along the U.S.-Mexico border – including its attempt to choke off asylum applications through a so-called “metering” process. Read More
Why a Safe Third Country Agreement with Guatemala is Unsafe and Unworkable
The Trump administration signed an agreement with Guatemala last Friday that appears to allow the U.S. government to send certain asylum applicants to Guatemala, forcing them to seek asylum there. Framed by the president as a “Safe Third Country” agreement, this move will place thousands of asylum seekers at risk in a country ill-prepared to process a high volume of applications for protection and with safety problems of its own. Read More
California Judge Blocks Implementation of Trump’s New Asylum Rule
A federal judge in California blocked the implementation of a new rule yesterday that would have prevented most immigrants who arrive at the U.S. southern land border from qualifying for asylum in the United States. This decision came just hours after a D.C. court ruled in the opposite direction. The… Read More
Federal Appeals Court Rejects Trump Administration’s Efforts to Deny Bond Hearings to Asylum Seekers
A federal appeals court ruled that asylum seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum seekers. Read More
Attempts to Restrict Asylum in the U.S. Betray America’s Legacy
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law. Read More
Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Despite Trump Administration’s Efforts
Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have forced many people to remain incarcerated for months or years during their asylum proceedings. However, on Tuesday, a federal court recognized… Read More
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