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

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...

  • Blog

Asylum Seekers Face a Dangerous Journey—and United States Interference

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...

  • Blog

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border

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...

  • Blog

USCIS Fee Hikes Will Go Into Effect for These Applications

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...

  • Blog

Government Secretly Held Asylum-Seeking Children in Hotels

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...

  • Blog

Canadian Court Rules US Is No Longer a ‘Safe Third Country’ for Asylum Applicants

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...

  • Press Release

New Legal Filing Links High-level Trump Officials to Asylum “Turnback Policy”

October 16, 2018
In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border
  • Press Release

Immigrant Rights Groups Demand Timely Bond Hearings and Legal Protections for Asylum Seekers

September 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
  • Press Release

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
  • Press Release

American Immigration Council's Statement on Attorney General’s Decision Restricting Access to Asylum for Victims of Domestic and Gang Violence

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.
  • Press Release

Lawsuit Seeks To Hold CBP Accountable for Turning Away Asylum Seeker and Falsifying Paper Trail

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.
  • Press Release

Increase in Border Prosecutions Will Separate More Families

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.
  • Press Release

Advocates File FOIA Request for ICE Documents on Detention of Pregnant Women

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.
  • Press Release

District Court Issues Favorable Nationwide Ruling on Behalf of Thousands of Asylum Seekers

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.
  • Press Release

AG Jeff Sessions is unfit to decide immigration case, say immigration groups

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.
  • Press Release

Civil and Human Rights Organizations File Joint Complaint With DHS on Behalf of Families Forcibly Separated in Customs and Border Protection (CBP) Custody

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.
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • Blog

Asylum Seekers Become Political Pawns in Governors’ Transportation Stunts

September 23, 2022

The Republican governors of Texas, Arizona, and now Florida are playing a cynical political game with the lives of migrants—including many asylum seekers fleeing persecution. Officials in these...

  • Blog

Recent Supreme Court Ruling Limits Advocates’ Relief on Asylum Seekers’ Case

August 17, 2022

A federal court decision this month confirmed what advocates feared: that a recent move by the Supreme Court would undermine the fight against illegal government practices, like turning back...

  • Press Release

Biden Administration in the Clear to End MPP

August 9, 2022
The American Immigration Council urges the Biden administration to move as quickly as possible to readmit all those who were sent to Mexico under both the reinstated Remain in Mexico program and the original program.
  • Letters

Coalition Urges House Appropriators to Reject Title 42 Poison Pill Amendment

Publication Date: 
July 15, 2022
The American Immigration Council opposed the inclusion of a legislative provision that would codify into law an indefinite extension of the controversial and harmful Title 42 policy.
  • Blog

Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program

June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

  • Letters

Letter to Secretary Mayorkas Urging Protections for Victims of San Antonio Tragedy

Publication Date: 
June 30, 2022
The American Immigration Council and 102 other organizations urge the Department of Homeland Security paroled into the United States and give assistance in applying for protection to survivors of the...
  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Blog

Biden’s New Asylum Rules Go Into Effect On A Limited Basis

May 31, 2022

The Biden administration’s overhaul of the asylum system went into effect for the first time on May 31, but only a limited basis. According to guidance published by the Department of Homeland...

  • Comments

Comment on Procedures for Credible Fear Screening and Consideration of Asylum

Publication Date: 
May 26, 2022
The Council submitted a comment urging the Biden administration to reconsider the expedited timeframe in the interim final rule that will significantly hinder asylum seeker access to due process.

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