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.
Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog. Read More
Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect. Read More
Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program. Read More
Asylum Seekers Become Political Pawns in Governors’ Transportation Stunts
The Republican governors of Texas, Arizona, and now Florida are playing a cynical political game with the lives of migrants—including many asylum seekers fleeing persecution. Officials in these states are using taxpayer money to ship thousands of migrants to other, Democratic-leaning states and dumping them there. In recent weeks, these… Read More
Recent Supreme Court Ruling Limits Advocates’ Relief on Asylum Seekers’ Case
A federal court decision this month confirmed what advocates feared: that a recent move by the Supreme Court would undermine the fight against illegal government practices, like turning back asylum seekers at the border. On August 5, a… Read More
Biden Administration in the Clear to End MPP
The American Immigration Council urges the Biden administration to move as quickly as possible to readmit all those who were sent to Mexico under both the reinstated Remain in Mexico program and the original program. Read More
Coalition Urges House Appropriators to Reject Title 42 Poison Pill Amendment
The American Immigration Council opposed the inclusion of a legislative provision that would codify into law an indefinite extension of the controversial and harmful Title 42 policy. Read More
Letter to Secretary Mayorkas Urging Protections for Victims of San Antonio Tragedy
The American Immigration Council and 102 other organizations urge the Department of Homeland Security paroled into the United States and give assistance in applying for protection to survivors of the tragedy in San Antonio. Read More
Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program
Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in the Biden administration’s favor on June 30. The decision will not only permit President Biden to finally end… Read More
U.S. Supreme Court Allows Biden Administration to End MPP
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings. Read More
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