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.

Advocates Submit Brief to Stop the Revival of Migrant Protection Protocols

Advocates Submit Brief to Stop the Revival of Migrant Protection Protocols

The Council and partner immigration groups and former immigration judges filed an amicus brief to stop the reinstatement of the Migrant Protection Protocols. Read More

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

This brief highlights the court's many factual errors about MPP in its decision to reinstate the program. Read More

Council Calls on Biden Administration to Block the Return of MPP

Council Calls on Biden Administration to Block the Return of MPP

The Council led more than 100 other organizations in a letter urging the Biden administration to do everything in its power to prevent the return of the Migrant Protection Protocols (MPP), which was reinstated by a federal judge in Texas on August 13, up to and including an emergency appeal to the Supreme Court. Read More

Council Joins Coalition Letter Expressing Concern Over ICE Family Custody Programs

Council Joins Coalition Letter Expressing Concern Over ICE Family Custody Programs

The Council joined over 120 organizations in a letter to DHS and ICE calling on the Biden administration to move away from using contractors to hold families in ICE custody, and asks the administration to replace the current custody programs with community-based post-release Border Reception and Welcome Centers. Read More

Coalition Letter Urges Immediate End to Title 42 Expulsions and Other Deterrence Strategies Against Asylum Seekers

Coalition Letter Urges Immediate End to Title 42 Expulsions and Other Deterrence Strategies Against Asylum Seekers

The American Immigration Council joined a coalition of 105 organizations in expressing alarm over reports that the Biden administration may continue the harmful and unnecessary Title 42 expulsion policy for an additional two months. The letter also urged an end to other punitive measures against asylum seekers, including electronic ankle… Read More

Strategies and Considerations in the Wake of <em>Niz-Chavez v. Garland</em>

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision. Read More

Scientific Evidence Shows Assumptions About Asylum Seekers’ Memory Are Wrong

Scientific Evidence Shows Assumptions About Asylum Seekers’ Memory Are Wrong

How well should someone be able to remember every detail of a traumatic event? The U.S. government argues people should have a near perfect memory to obtain asylum—even if they experienced the trauma years in the past. Due to unprecedented backlogs in immigration court and the Asylum office,… Read More

Biden Will Admit Asylum Seekers Ordered Deported Under Trump’s Migrant Protection Protocols

Biden Will Admit Asylum Seekers Ordered Deported Under Trump’s Migrant Protection Protocols

Asylum seekers who were ordered deported for missing their U.S. court hearings under the Trump administration’s so-called Migrant Protection Protocols (MPP)—informally known as the “Remain in Mexico” program—will be allowed to restart their proceedings in the United States. Thousands of others whose cases were terminated because of procedural… Read More

Attorney General Rescinds Two Trump Decisions, Restoring Protection to Many Asylum Seekers

Attorney General Rescinds Two Trump Decisions, Restoring Protection to Many Asylum Seekers

Attorney General Merrick Garland announced on June 16 that he is restoring a vital lifeline to survivors of gender-based violence, gang violence, and violence on account of family relationships. Garland issued two decisions overruling Trump-era Attorneys General Jeff Sessions and William Barr’s rulings disqualify many such individuals from asylum in… Read More

Letter Urging Attorney General Merrick Garland to Vacate <em>Matter of A-B</em>, <em>Matter of L-E-A</em>, and <em>Matter of A-C-A-A </em>

Letter Urging Attorney General Merrick Garland to Vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A

The Council joined 356 other organizations, law school clinics, professors, law firms, and practitioners in urging Attorney General Merrick Garland to vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A. These Trump-administrative decisions limit the circumstances under which an asylum seeker can win protection due to persecution on… Read More

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