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All Asylum Content

September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
June 11, 2020
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...
January 29, 2020
This fact sheet explains the complicated interplay and application of protection and border processing policies.
November 23, 2019
This fact sheet provides basic information about three of these forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under...
July 22, 2019
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.
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
May 18, 2016
First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries...
July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

May 21, 2014
This paper addresses these issues, summarizes the concerns and experiences of numerous advocates in the field, and concludes that the credible fear and asylum process poses obstacles for applicants...
August 5, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted a comment opposing the regulation "Security Bars and Processing." 

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July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

July 15, 2020
The American Immigration Council submitted these comments opposing bars to asylum proposed by the Trump administration.
This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the Migration Protection Protocols (MPP)—also known as the "Remain in Mexico" program.
May 12, 2020

The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers...

January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

January 23, 2020

The Trump administration has proposed amending regulations that affect asylum eligibility. If implemented, the regulations would shut America’s doors to many of those most in need of protection....

The Migrant Protection Protocols—also known as Remain in Mexico—raises alarming safety and due process questions. However, the government has kept information on how the program is being implemented.
July 3, 2019
Immigration courts must continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews.
December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
September 5, 2017
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
September 29, 2020

U.S. Citizenship and Immigration Services (USCIS) has implemented a new temporary rule preventing affirmative asylum seekers—who request asylum while already physically present in the United...

September 24, 2020

The Trump administration has spent most of the year trying to destroy asylum law—and the blows keep coming. On Sept. 23, the Department of Justice proposed yet another regulation aimed at certain...

September 1, 2020

A federal court on Monday halted a secretive program started under the Trump administration that allowed Border Patrol agents to be harsh gatekeepers to the asylum process. The court rejected the...

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...

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...

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...

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...

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...

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...

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...

September 8, 2020
Asylum seekers who have been turned back by U.S. Customs and Border Protection from ports of entry along the U.S.-Mexico border asked a federal court to permanently stop the Trump administration’s Turnback Policy and declare it unlawful.
August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
August 6, 2020
A federal judge has granted class certification in Al Otro Lado v. Wolf, a lawsuit challenging the Trump administration’s policy of turning back asylum seekers at ports of entry. The ruling provides that the challenge to the Turnback Policy will continue on behalf of all asylum seekers along the U.S.-Mexico border who were or will be prevented from accessing the asylum process at ports of entry as a result of the government’s Turnback Policy.
July 8, 2020
The Trump Administration announced a soon-to-be-published proposed rule that would allow the Department of Homeland Security to ban people from seeking asylum in the United States solely because they traveled from or through a country under threat by a serious disease. For the first time, the Trump administration would also ban “withholding of removal,” a related form of protection that the Department of Justice has previously agreed in court it cannot eliminate without violating international law.
June 11, 2020
The Trump administration proposed a regulation that would eviscerate the United States asylum system. The proposed regulation would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States.
May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
May 14, 2020
The American Immigration Council, the American Immigration Lawyers Association, Human Rights Watch, and the law firm Winston & Strawn LLP filed a lawsuit in the U.S. Northern District of California today to compel the release of records about the US Migrant Protection Protocols, also known as the “Remain in Mexico” program.
March 31, 2020
A federal court in Arizona allowed five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy to move forward with a lawsuit against the United States for the cruel treatment and anguish U.S. immigration agencies inflicted on them. The court denied the government’s motion to dismiss the case.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
March 5, 2020
A Ninth Circuit Court of Appeals panel today blocked the Trump administration’s asylum transit ban from being applied to thousands of asylum seekers who were unlawfully prevented from accessing the U.S. asylum process before the ban was implemented. The decision lifts a prior administrative stay of the district court’s preliminary injunction. That injunction prohibits the government from applying the asylum ban to those who had been illegally metered before the ban went into effect.
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
September 29, 2020

U.S. Citizenship and Immigration Services (USCIS) has implemented a new temporary rule preventing affirmative asylum seekers—who request asylum while already physically present in the United...

September 24, 2020

The Trump administration has spent most of the year trying to destroy asylum law—and the blows keep coming. On Sept. 23, the Department of Justice proposed yet another regulation aimed at certain...

September 8, 2020
Asylum seekers who have been turned back by U.S. Customs and Border Protection from ports of entry along the U.S.-Mexico border asked a federal court to permanently stop the Trump administration’s Turnback Policy and declare it unlawful.
September 1, 2020

A federal court on Monday halted a secretive program started under the Trump administration that allowed Border Patrol agents to be harsh gatekeepers to the asylum process. The court rejected the...

August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
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...

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...

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...

August 6, 2020
A federal judge has granted class certification in Al Otro Lado v. Wolf, a lawsuit challenging the Trump administration’s policy of turning back asylum seekers at ports of entry. The ruling provides that the challenge to the Turnback Policy will continue on behalf of all asylum seekers along the U.S.-Mexico border who were or will be prevented from accessing the asylum process at ports of entry as a result of the government’s Turnback Policy.

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