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.
Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working
A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum claims. The inability to work for lengthy periods of time has had crippling effects on asylum applicants. Without proper work authorization, they have been vulnerable to exploitation by unscrupulous employers, have been unable to pay for the legal assistance they need, have had to rely on family members and community organizations for financial help, and generally have felt unwelcome in a country that claims to offer them protection. Read More
House Hearing Misses the Mark on Asylum Claims
The House Judiciary Committee held a hearing Thursday about whether or not abuse of the asylum system is “overwhelming our borders.” What the committee ended up focusing on, however, was the alleged abuse of the credible fear screening process, a preliminary step in the application process for some asylum seekers. Although credible fear is different from asylum, this distinction was lost at times during the hearing despite the best efforts of the witnesses. Read More
Report Exposes Treatment of Asylum Seekers in U.S. Detention
Asylum seekers—often scarred by physical and mental trauma—seek safety and refuge from genocide, religious persecution, organized violence, or other life-threatening conditions. They embark on dangerous and lengthy journeys in hope of being welcomed at our borders. Instead, upon arrival, asylum seekers routinely are arrested, shackled, and sent to detention facilities where they may be subjected to dehumanizing and degrading treatment. A recent report by the Center for Victims of Torture (CVT) and the Torture Abolition and Survivor Support Coalition International (TASSC), Tortured and Detained: Survivor Stories of US Immigration Detention, chronicles the stories of asylum seekers and details the physical and psychological agonies of detention. Read More
Court Approves Settlement in National Class Action Lawsuit on Work Authorization for Asylum Seekers
Washington, DC – On Monday, November 4, U.S. District Court Judge Richard Jones ordered the final approval of a nationwide class action settlement agreement. The settlement will help ensure that asylum seekers, who have fled persecution in their home countries, are not unlawfully prevented from working and supporting their… Read More
Fear Mongering via Mexican Asylum Cases
Here’s how an immigration rumor gets started. Take one local Fox news station, mix in a bunch of undisclosed sources complaining about asylum seekers at the Otay border crossing, add in some inflammatory comments from the chairman of the board of the Center for Immigration Studies, and just wait for the story to get blown up and out of proportion by anti-immigrant-fed media sources. For added zest, make sure the story airs shortly after a highly publicized event, like the detention and release of the DREAM9 at the Mexican border, which can be easily mixed up and conflated into some kind of threat to the country’s integrity and security. Read More
Frequently Asked Questions about the Asylum Clock Class Action Settlement
Frequently Asked Questions about the Asylum Clock Class Action Settlement Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC), along with its co-counsel, recently announced a settlement of A.B.T., et al. v. USCIS, et al., a nationwide class action challenging the manner in which the United States Citizenship and… Read More
Agreement Reached in National Class Action Lawsuit on Work Authorization for Asylum Seekers
Washington D.C. – The Department of Justice and the Department of Homeland Security have agreed to settle a nationwide class action lawsuit challenging the denial of work authorization to asylum seekers who have been waiting six months or more for a decision on their asylum applications. If… Read More
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
American Immigration Council and Partners Sue U.S. Immigration Agencies Over Asylum “Clock”
Washington, D.C.—Last week, the American Immigration Council’s Legal Action Center (LAC) filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) in federal court in Seattle. The lawsuit alleges widespread problems with the asylum “clock”—the system… Read More
New Asylum Clock Policies Provide No Significant Systemic Change
Washington D.C. – Last week, the Executive Office for Immigration Review (EOIR) issued new guidance addressing the “asylum clock.” The asylum clock calculates a mandatory 180-day waiting period before an asylum applicant can receive work authorization. Any delay caused by the asylum applicant will stop the clock and prolong… Read More
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