Asylum

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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FACT SHEET
  • Fact Sheet
A Primer on Expedited Removal

A Primer on Expedited Removal

Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation. 

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FACT SHEET
  • Fact Sheet
Asylum in the United States

Asylum in the United States

Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.

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All Asylum Content

  • Blog

Cuccinelli and Wolf Were Found Ineligible to Serve at DHS. What Happens Next?

August 20, 2020

The Department of Homeland Security’s (DHS) top two officials are under scrutiny once again after a congressional oversight office found they were unlawfully appointed to their positions. The...

  • Blog

Asylum Seekers Face a Dangerous Journey—and United States Interference

August 19, 2020

For many people planning to seek asylum in the United States, enforcement starts in Panama, over 3,000 miles south of the U.S.-Mexico border. U.S. immigration agencies collaborate with Panama’s...

  • Blog

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border

August 12, 2020

Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a...

  • Blog

USCIS Fee Hikes Will Go Into Effect for These Applications

July 31, 2020

U.S. Citizenship and Immigration Services (USCIS) released an advance copy of a final rule on July 31 that will impose significant fee increases across many facets of the legal immigration system...

  • Blog

Government Secretly Held Asylum-Seeking Children in Hotels

July 29, 2020

The Trump administration has been detaining immigrant children in hotels along the Texas-Mexico border and in Arizona. Some of the children are just a year old and are held in the hotels for weeks...

  • Blog

Canadian Court Rules US Is No Longer a ‘Safe Third Country’ for Asylum Applicants

July 23, 2020

A Canadian court has ruled that the United States is no longer a country to which the Canadian government could safely return asylum seekers who crossed the U.S-Canada land border.  This upends...

  • Blog

Trump Labels Asylum Seekers as National Security Threat in Expanded Asylum Bar

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

  • Blog

DHS Suggests Asylum Seekers Should Get Used to ‘Homelessness’ After Stripping Work Permits

June 24, 2020

The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which will strip most asylum seekers of the right to seek work authorization. The rule imposes sweeping new...

  • Blog

What You Need to Know About Trump’s Proposal to Eliminate the US Asylum System

June 11, 2020

In sweeping new proposed regulations announced on June 11, the Trump administration took the first step toward administering a final blow to the U.S. asylum system. The proposed rules, which...

  • Press Release

New Legal Filing Links High-level Trump Officials to Asylum “Turnback Policy”

October 16, 2018
In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border
  • Press Release

Immigrant Rights Groups Demand Timely Bond Hearings and Legal Protections for Asylum Seekers

September 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
  • Press Release

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
  • Press Release

American Immigration Council's Statement on Attorney General’s Decision Restricting Access to Asylum for Victims of Domestic and Gang Violence

June 11, 2018
Attorney General Jeff Sessions announced today that he is taking away a vital lifeline to victims of severe domestic and gang violence. Sessions issued a decision unilaterally overruling important precedent recognizing that such individuals may qualify for asylum in the United States.
  • Press Release

Lawsuit Seeks To Hold CBP Accountable for Turning Away Asylum Seeker and Falsifying Paper Trail

June 7, 2018
José Crespo Cagnant filed a lawsuit to hold the government accountable for abusive, unlawful conduct and depriving him of an opportunity to apply for asylum.
  • Press Release

Increase in Border Prosecutions Will Separate More Families

May 7, 2018
Attorney General Jeff Sessions and Immigration and Customs Enforcement acting Director Thomas Homan announced today that the Department of Justice and Department of Homeland Security will be stepping up prosecutions of individuals along the southern border—likely resulting in the criminalization of asylum seekers and more family separation.
  • Press Release

Advocates File FOIA Request for ICE Documents on Detention of Pregnant Women

May 3, 2018
Through this request, the organizations seek more information regarding the treatment of pregnant individuals held in Immigration and Custom Enforcement custody and any system used to track and monitor pregnant detainees.
  • Press Release

District Court Issues Favorable Nationwide Ruling on Behalf of Thousands of Asylum Seekers

March 29, 2018
A federal district court judge in Washington State ruled today that the federal government’s failure to notify asylum seekers that they must apply for asylum within one year of arriving in the United States violated their right to due process, and ordered the government to provide such notice.
  • Press Release

AG Jeff Sessions is unfit to decide immigration case, say immigration groups

February 21, 2018
The American Immigration Council, joined by several other immigration groups, submitted an amicus brief that argues that due process requires an impartial adjudicator and that Sessions’ anti-immigrant statements and actions prevent him from acting as one. The brief lays out Sessions’ decades-long public record of anti-immigrant statements, including specific statements evidencing prejudgment of issues in the case, and urges Sessions to either vacate the referral order or recuse himself from the case.
  • Press Release

Civil and Human Rights Organizations File Joint Complaint With DHS on Behalf of Families Forcibly Separated in Customs and Border Protection (CBP) Custody

December 11, 2017
A complaint on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed with the Department of Homeland Security’s Office of the Inspector General and Office of Civil Rights and Civil Liberties.
  • Press Release

Court Does Not Expedite Work Permit Renewals for Asylum Seekers, Leaving Thousands Without Work or at Risk of Losing Jobs

December 23, 2021
A federal court denied preliminary relief in a lawsuit challenging USCIS's extreme delays and failure to process work permit renewals for asylum seekers. The judge declined to order USCIS to process work permit renewal applications within the 180-day automatic extension of employment authorization.
  • Press Release

Lawsuit Seeks Answers to Privacy and Data Risks Associated with the CBP One App

December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
  • Letters

Coalition Letter Calling on the Biden Administration to End MPP and Title 42

Publication Date: 
December 17, 2021
The Council condemned the Biden administration's expansion of MPP and continued use of Title 42 to turn away asylum seekers at the border.
  • Letters

Coalition Letter Calling for Implementation of the Emergency Stopgap USCIS Stabilization Act provisions

Publication Date: 
December 16, 2021
The American Immigration Council and 13 other organizations urged USCIS to expand premium processing to ensure the agency remains solvent while efficiently and effectively adjudicating all...
  • Blog

Biden’s Border Ambitions Fall Short in a Year of Setbacks and Continued Focus on Deterrence

December 14, 2021

President Biden took office committing to unwind Trump’s border policies and go in a new direction—to reunite families, restore access to asylum, and reverse “policies enacted over the last 4...

  • Letters

Coalition Effort Calls for Fair and Efficient Work Permit Process for Asylum Seekers

Publication Date: 
November 17, 2021
The Council joined 74 other organizations in a letter calling for DHS to eliminate restrictions on work authorization for asylum seekers.
  • Blog

Failure to Reauthorize Employment Harms Asylum Seekers and the U.S. Economy

November 12, 2021

U.S. workers are losing their jobs due to bureaucratic delays at U.S. Citizenship and Immigration Services (USCIS), despite an economy desperate for workers. Asylum seekers wanting to renew their...

  • Press Release

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • Blog

ICE Begins Mass Mailing Court Notices to Asylum Seekers Released at the Border

November 9, 2021

Since President Biden took office, U.S. Customs and Border Protection (CBP) officers have released over 250,000 people seeking asylum directly at the border. In nearly half of these cases, people...

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