Asylum

Recent Features

All Asylum Content

May 14, 2018
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...
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
February 3, 2017
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.
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...
May 7, 2012
With approximately 19 million immigrant women and girls in the United States, nearly half of the foreign-born population is female. Unfortunately, many of these immigrant women, particularly those...
February 1, 2005
The efficiency of the asylum program depends in large part on a fully staffed and adequately funded Asylum Corps that evaluates asylum claims thoroughly and expeditiously.
In the year and a half since the FOIA request was filed, CBP largely failed to provide any records in response to the request. On June 11, 2018, the Council, represented by O’Melveny & Myers LLP, filed a lawsuit to compel DHS and CBP to comply with FOIA and to release additional records related to the 2016 request.
U.S. Customs and Border Protection officers all too frequently deny individuals fleeing persecution and torture their right to seek protection in the United States, issue summary removal orders against them, and then falsify documents to support their illegal actions.
May 22, 2018

The American Immigration Council submitted a written statement to the House Homeland Subcommittee on Border and Maritime Security for a May 22, 2018 hearing on “Stopping the Daily Border Caravan:...

The requests ask for policies, guidelines, or procedures followed or used by immigration enforcement regarding the treatment of pregnant individuals in custody and any system used to track and monitor pregnant detainees.
April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
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.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
July 17, 2018

As thousands of asylum-seeking parents were separated from their children in recent months, the Trump administration actively portrayed them as law breakers who must be prosecuted and punished for...

July 11, 2018

After being order last month by a federal judge to reunite the thousands of children it had separated from their parents under the “zero tolerance” policy, the Trump administration said it would...

July 2, 2018

Hundreds of thousands of marchers gathered on June 30, 2018 to protest the Trump’s administration policy of family separation. Activists organized nearly 800 marches in all 50 states, from major...

June 27, 2018

The forced separation of children from their parents by U.S. government officials has created a human rights disaster. Children—some just a few months old—continue to be housed in tent cities,...

June 25, 2018

After an unprecedented public outcry last week, President Trump signed an executive order signaling an end to the government’s horrific practice of separating immigrant children from their parents...

June 22, 2018

Criticism continues to mount for the Trump administration’s zero-tolerance policy and practice of separating and imprisoning migrant families along the U.S.-Mexico border. While the administration...

June 21, 2018

President Trump signed an executive order on Wednesday in response to public outcry about family separation – a horrific policy that has led to the forced separation of over 2,000 minor children...

June 20, 2018

Across the globe, people gather together to celebrate World Refugee Day on June 20. Started in 2001, this day not only commends the courage and determination of the currently 25.4 million...

June 19, 2018

Every day under the Trump administration’s “zero tolerance” policy, the Department of Homeland Security (DHS) is choosing to separate children from their parents. Despite claims by the...

June 18, 2018

The outcry against family separation has only just begun. The Trump administration’s cruel policy of separating migrant children from their parents when they cross the U.S.-Mexico border is...

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.
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.
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.
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.
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.
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.
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.
October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
July 12, 2017

Washington D.C. - Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S.

July 17, 2018

As thousands of asylum-seeking parents were separated from their children in recent months, the Trump administration actively portrayed them as law breakers who must be prosecuted and punished for...

July 11, 2018

After being order last month by a federal judge to reunite the thousands of children it had separated from their parents under the “zero tolerance” policy, the Trump administration said it would...

July 2, 2018

Hundreds of thousands of marchers gathered on June 30, 2018 to protest the Trump’s administration policy of family separation. Activists organized nearly 800 marches in all 50 states, from major...

June 27, 2018

The forced separation of children from their parents by U.S. government officials has created a human rights disaster. Children—some just a few months old—continue to be housed in tent cities,...

June 25, 2018

After an unprecedented public outcry last week, President Trump signed an executive order signaling an end to the government’s horrific practice of separating immigrant children from their parents...

June 22, 2018

Criticism continues to mount for the Trump administration’s zero-tolerance policy and practice of separating and imprisoning migrant families along the U.S.-Mexico border. While the administration...

June 21, 2018

President Trump signed an executive order on Wednesday in response to public outcry about family separation – a horrific policy that has led to the forced separation of over 2,000 minor children...

June 20, 2018

Across the globe, people gather together to celebrate World Refugee Day on June 20. Started in 2001, this day not only commends the courage and determination of the currently 25.4 million...

June 19, 2018

Every day under the Trump administration’s “zero tolerance” policy, the Department of Homeland Security (DHS) is choosing to separate children from their parents. Despite claims by the...

June 18, 2018

The outcry against family separation has only just begun. The Trump administration’s cruel policy of separating migrant children from their parents when they cross the U.S.-Mexico border is...

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