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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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

Trump’s ‘Death to Asylum’ Rule Will Go Into Effect Days Before He Leaves Office

December 10, 2020

The Trump administration has finalized a sweeping regulation that will effectively end asylum protection in the United States. The regulation, which was proposed in June, is set to go into effect...

  • Blog

The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office

December 2, 2020

As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of...

  • Blog

Who Is Alejandro Mayorkas? The New DHS Secretary Will Spearhead Biden’s Immigration Agenda

December 1, 2020

The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic...

  • Blog

Discriminatory Treatment of Haitians Throughout History Informs Current Policy at the US-Mexico Border

November 19, 2020

For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a...

  • Blog

The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings

October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

  • Blog

Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges

October 13, 2020

At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for...

  • Blog

USCIS is Preventing Asylum Seekers from Bringing Their Own Interpreters to Interviews

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...

  • Blog

Proposed 15-Day Filing Rule for Asylum Seekers Is Designed to Be Impossible

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...

  • Blog

Judge Says “Poppycock!” to Trump Program That Let Border Patrol Screen Asylum Applicants

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...

  • 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...

  • 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.
  • Press Release

Federal Court Orders Timely Bond Hearings and Legal Protections for Asylum Seekers

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
  • Press Release

Complaint Brings Injustice in El Paso Immigration Court to Light

April 3, 2019
The complaint demands an immediate investigation into systemic due process concerns at the El Paso Service Processing Center (SPC) immigration court in El Paso, Texas.
  • Press Release

Federal Court Certifies Two Nationwide Classes Challenging Delays in Detained Asylum Seekers’ Cases

March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
  • Press Release

Court Filing Seeks Information Regarding Retaliation Against Immigrants’ Rights Attorneys at Southern Border

February 27, 2019
The Southern Poverty Law Center, the Center for Constitutional Rights, and the American Immigration Council filed a motion late last week seeking information regarding possible U.S. government harassment and retaliation against the leadership of the immigrants’ rights organization Al Otro Lado.
  • Press Release

Parents Ripped Apart from Their Children by Family Separation Policy File Claims Against Trump Administration

February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
  • Press Release

Trump Administration’s Dangerous Policy Forces Asylum Seekers to Remain in Mexico

January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
  • Press Release

Trump Administration Plan to Keep Asylum Seekers in Mexico is the Invisible Wall that Puts Lives at Risk

December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
  • 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...

  • Press Release

Recission of MPP Is a Step Toward Ending a Humanitarian Catastrophe and Restoring Dignity to the Asylum Process

October 29, 2021
The Biden administration announced that DHS will issue a new memo to formally terminate the Migrant Protection Protocols. It is an important step towards ensuring that the MPP program never returns.
  • Letters

Council Advocates for Meaningful Access to Legal Representation in Immigration Detention

Publication Date: 
October 29, 2021
The American Immigration Council and the American Civil Liberties Union (ACLU) advocated for attorney access in immigration detention facilities in a letter sent a letter to DHS and ICE.
  • Letters

Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

Publication Date: 
October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
  • Comments

Council and Partners Comment on Changes to Streamlined Asylum Removal Proceedings

Publication Date: 
October 19, 2021
The Council, AILA, and the Immigration Justice Campaign commented on the proposed creation of “Dedicated Docket” in immigration court to complete the claims of asylum-seeking families within 300 days...

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