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

Public Radio Report Mischaracterizes U.S. Asylum Process

May 31, 2016

Media outlets are reporting on the uptick in the number of individuals crossing the southern border into the U.S. This trend is not surprising given the ongoing violence in Central America. The...

  • Blog

How the Asylum and Immigration Court Backlogs Reached an All-Time High

May 25, 2016

The current backlogs in the immigration court and asylum systems have long been a problem and the government offices tasked with bringing the backlog down still have much to do. As detailed in the...

  • Blog

Deterrence Strategy Targeting Central American Asylum Seekers Comes at a High Human Cost

May 18, 2016

The Obama Administration has recently announced plans to double down on its strategy of rounding up and deporting Central American asylum seekers to some of the most dangerous countries in the...

  • Blog

Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

  • Blog

Judge Who Believes Toddlers Can Represent Themselves, Only Part of the Problem in the Battle over Representation for Kids

March 9, 2016

Over the past week, several media outlets reported that Assistant Chief Immigration Judge (ACIJ) Jack Weil claimed that he could teach immigration law to three- and four-year-old children such...

  • Blog

Letter to DHS Outlines Problematic Practices That Undermine Due Process Protections for Asylum Seekers

January 11, 2016

Even before the recent ICE raids on Central American families began last week, there were serious signs that the government was undermining due process and not providing asylum-seekers a...

  • Blog

Attorneys Work Swiftly to Thwart DHS’ Aggressive Enforcement Tactics Against Asylum-Seekers

January 6, 2016

After a series of immigration raids last weekend, resulting in a reported 121 children and mothers being rounded up, Immigration and Customs Enforcement (ICE) quickly transferred many of these...

  • Blog

What to Expect From Congress on Immigration in 2016

January 5, 2016

As members of Congress make their way back to Washington, D.C. this week, the prevailing wisdom is that nothing substantive will happen on Capitol Hill because we have officially entered an...

  • Blog

Transfers of Detained Families Traumatizes Mothers and Children and Interferes with Access to Lawyers

November 24, 2015

The government recently began transferring families who have been held in Texas to the Berks County Family Residential Facility in Pennsylvania. Not only have these sudden transfers traumatized...

  • Blog

Evidence Shows Asylum Seekers Appear for Court with Alternatives to Detention and Legal Assistance

July 22, 2015

When thousands of Central American families fled violence to the United States last year, the Administration responded by opening family detention centers, which are detaining mothers and children...

  • Blog

The Perils of the Migrant Protection Protocols

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

  • Blog

CBP Officers Take on Role of Asylum Officers – This Lawsuit Demands to Know Why

October 8, 2019

Officers from U.S. Customs and Border Protection (CBP)—a law enforcement agency with a history of misconduct and abuse—are reportedly conducting screenings of asylum seekers pursuing protection in...

  • Blog

What the Safe Third Country Deals Mean for The Future of Asylum in the United States

October 4, 2019

The Trump administration announced last week that it had signed an “Asylum Cooperative Agreement” with Honduras, following two similar agreements signed with El Salvador and Guatemala. If any of...

  • FOIA Litigation

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
  • 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.
  • Blog

‘Don’t Let Them Take Me Away Again.’ Mothers and Children Sue Trump for Harm Inflicted by Zero Tolerance Policy

September 20, 2019

Five mothers and their children sued the U.S. government on Thursday for forcibly separating them in 2018. The five families are among the thousands of parents and young children who were split...

  • 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.
  • FOIA

Freedom of Information Act Request Regarding Asylum Negotiations Between the U.S. and Guatemala

The American Immigration Council filed Freedom of Information Act requests with the Department of Homeland Security (DHS) and the Department of State (DOS) seeking information regarding the...

  • Blog

Why It’s Bad to Force Asylum Seekers to Seek Protection Elsewhere

September 12, 2019

The Supreme Court issued an emergency ruling on Wednesday allowing the Trump administration to implement a ban on asylum seekers at the southern land border. The ban applies to people who...

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