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.

Recent Features

FACT SHEET
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
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

New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court

June 3, 2021

The Department of Homeland Security (DHS)  and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking...

  • Blog

Sinema and Cornyn Propose Changes to Asylum Processing at the Border

April 28, 2021

The current situation at the U.S.-Mexico border has once again exposed the flaws of our country’s asylum system. On April 22, Senators Kyrsten Sinema and John Cornyn and Representatives Tony...

  • Blog

How the Biden Administration Is Responding to Unaccompanied Children, Families, and Adults at the Border

April 8, 2021

Only days after President Biden took office, some people were already declaring that the border was in a state of crisis. But recently released U.S. Customs and Border Protection statistics reveal...

  • Blog

Republicans Introduced 11 New Anti-Immigration Bills. Here’s What’s at Stake If They Pass.

April 1, 2021

A group of Republican lawmakers recently introduced a slew of anti-immigration bills in the House of Representatives and Senate. The bills primarily target people’s rights to seek asylum in the...

  • Blog

What’s Not Being Said About the Border

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

  • Blog

How the Biden Administration Should Respond to the Arrival of Unaccompanied Children

March 9, 2021

Since 2013, the government has struggled to respond to increasing numbers of unaccompanied children arriving at the U.S.-Mexico border. After disastrous Trump administration policies left...

  • Blog

ICE’s Changes to Family Detention Are an Improvement but Don’t Go Far Enough

March 2, 2021

U.S. Immigration and Customs Enforcement (ICE) announced last week that it would make changes to two family detention centers in Texas that would result in families spending less time in detention...

  • Blog

Biden Administration Unveils Plan to Process Asylum Seekers Subject to the Migrant Protection Protocols

February 12, 2021

The Trump administration sent over 70,000 people who came to the U.S border seeking asylum back to Mexico to wait for court hearings. This so-called “Migrant Protection Protocols” (“MPP”) program...

  • Blog

Biden Administration Ends ‘Safe Third Country’ Agreements

February 8, 2021

For more than 40 years, the law has guaranteed any person who is physically present in the United States a right to seek asylum. In 2019 the Trump administration attempted to effectively eliminate...

  • Blog

Biden Took 3 More Executive Actions on Immigration. Did He Go Far Enough?

February 3, 2021

On February 2, 2021, following the confirmation of Alejandro Mayorkas as secretary of Homeland Security, President Biden signed three executive orders that take steps to further unwind the Trump...

  • Press Release

New Pilot Program in El Paso Rushes Asylum Seekers Through A Deeply Flawed Process

October 24, 2019
Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection.
  • Press Release

Lawsuit Demands Information on the Expansion of CBP’s Role in the Screening of Asylum Seekers

October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
  • Press Release

After SCOTUS Ruling, Asylum Seekers Ask Court for Protection

September 26, 2019
Immigrant rights attorneys moved to block the Trump administration’s Asylum Ban from affecting tens of thousands of migrants who have already attempted to access the U.S. asylum process before the ban was implemented. With limited exceptions, the Asylum Ban prohibits anyone who traveled through a third country and did not seek protection there from obtaining asylum here. The request filed today is in the ongoing case challenging the Trump administration’s policy of turning back asylum seekers at ports of entry on the U.S.-Mexico border, including the “metering” policy.
  • Press Release

Parents and Children Torn Apart by Family Separation Policy Sue the Trump Administration

September 19, 2019
Five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy filed a lawsuit against the United States for the cruel treatment and agony U.S. immigration agencies inflicted on them. The five parents and their children, who were as young as five at the time of the separation, claim that the U.S. government intentionally subjected them to extraordinary trauma that will have lifelong implications.
  • Press Release

Federal Court Rules that Challenge to Trump’s Asylum Turnback Policy Will Move Forward

July 30, 2019
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.
  • Press Release

Federal Appeals Court Rejects Trump Administration’s Efforts to Deny Bond Hearings to Asylum Seekers

July 22, 2019
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.
  • Press Release

Attempts to Restrict Asylum in the U.S. Betray America’s Legacy

July 15, 2019
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.
  • Press Release

Federal Court Blocks Trump Administration Policy of Arbitrarily Jailing Asylum-Seekers

July 2, 2019
A federal court has blocked a Trump administration policy that categorically denies bond hearings to asylum-seekers. The policy, announced April 16 by Attorney General William Barr, targeted asylum-seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. The American Immigration Council, Northwest Immigrant Rights Project, and American Civil Liberties Union challenged the policy with the lawsuit Padilla v. ICE.
  • Press Release

Groups Launch Legal Challenge to Trump Administration Policy on Jailing Asylum Seekers

May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
  • Press Release

Attorney General’s Decision Would Deprive Asylum Seekers of Bond Hearings

April 16, 2019
In a decision today, Attorney General William Barr ruled that individuals with valid protection asylum claims who entered between ports of entry no longer are eligible for release on bond by an immigration judge. The decision could result in the unnecessary detention of thousands more individuals each year, despite the enormous financial and human costs. With the Northwest Immigrant Rights Project and the ACLU, the American Immigration Council intends to challenge the new decision.
  • Blog

Biden’s Reviving Phone-Booth Asylum. Here’s Why It Was a Disaster

April 10, 2023

The Biden administration is yet again turning to the Trump playbook as it tries to slap together a border crackdown to succeed the end of the Title 42 “public health” order next month. The latest...

  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Blog

A Groundswell of Opposition to Biden’s Asylum Transit Ban

April 6, 2023

The public has spoken: an asylum transit ban was bad policy during the Trump era, and it’s bad policy now. On February 21, the Biden administration released a Notice of Proposed Rulemaking laying...

  • Blog

Deadly Detention Center Fire Is a Reminder: Both the US and Mexico Are Failing Migrants

March 29, 2023

On Monday night, 39 migrants died, and another 27 were seriously injured, in a fire in a Mexican detention center in Ciudad Juarez. The migrants—most of them from Guatemala, El Salvador, Honduras...

  • Blog

US and Canada Expand Safe Third Country Agreement in Another Move to Limit Asylum

March 29, 2023

The United States and Canada announced the expansion of their Safe Third Country Agreement (STCA) last week during President Biden’s visit to Canada. Under U.S. law, a so-called “Safe Third...

  • FOIA

Agency Failures Make Obtaining Humanitarian Parole Almost Impossible for Afghans

Records show how the USCIS’s response to the high volume of humanitarian parole applications contributed to the massive delays faced by Afghans.
  • Blog

Ukrainians Get a Temporary Reprieve Instead of a Permanent Fix

March 15, 2023

The Biden administration announced on Monday that it would grant another year of temporary legal status for some Ukrainians who fled the Russian invasion for the United States before April 25,...

  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse

February 27, 2023

The New York Times has published a horrifying investigation into the exploitation of children who migrated to the United States as unaccompanied minors. The investigation by Hannah Dreier finds...

  • Blog

How To Seek Asylum (Under Biden’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps

February 22, 2023

The Biden administration recently announced a proposed regulation that would all but eliminate access to asylum for the overwhelming number of asylum seekers who come to the United States via the...

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