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

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...

  • Blog

Trump Labels Asylum Seekers as National Security Threat in Expanded Asylum Bar

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

  • Blog

DHS Suggests Asylum Seekers Should Get Used to ‘Homelessness’ After Stripping Work Permits

June 24, 2020

The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which will strip most asylum seekers of the right to seek work authorization. The rule imposes sweeping new...

  • Blog

What You Need to Know About Trump’s Proposal to Eliminate the US Asylum System

June 11, 2020

In sweeping new proposed regulations announced on June 11, the Trump administration took the first step toward administering a final blow to the U.S. asylum system. The proposed rules, which...

  • Blog

5 Ways Trump’s Anti-Immigrant Agenda Gets in the Way of an Effective Coronavirus Response

May 27, 2020

In response to the coronavirus pandemic, the federal government has implemented sweeping revisions to U.S. immigration policy. Many of the changes fail to prioritize the health of immigrants or...

  • Blog

Trump Is Using the Coronavirus Pandemic as an Excuse to Permanently Close the Borders

May 26, 2020

The Trump administration has indefinitely extended its ban on immigration at U.S. land borders.  The order was also expanded to include immigrants arriving at coastal ports. The ban is based on an...

  • 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.
  • Press Release

American Immigration Council's Statement on President Trump's Immigration Principles

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.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

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.
  • Press Release

Class Action Lawsuit Challenges Practice of Turning Away Asylum Seekers at U.S. Southern Border

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.

  • Press Release

Lawsuit Challenges Government’s Interference with Legal Representation of Mothers and Children Detained in Dilley, Texas

June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
  • Policy Briefs

Ending Title 42 and Creating an Orderly Asylum System

Publication Date: 
April 6, 2022
The American Immigration Council appeared before Congress to address the effect of Title 42 on border operations and management and to provide recommendations on creating an orderly humanitarian...
  • Press Release

The End of Title 42: A Long-Overdue Step Toward Rebuilding our Asylum System

April 1, 2022
The Biden administration announced today plans to end a border expulsions policy known as Title 42 by May 23. This policy allowed the U.S. government to turn people away at the U.S southern border over 1.7 million times in the past two years under the guise of protecting the country from COVID-19.
  • Blog

Biden’s New Asylum Process: What You Need to Know

March 25, 2022

The Biden administration finalized its long-anticipated plan for overhauling the asylum system on March 24. The regulation, which is set to go into effect on an interim basis in 60 days, was first...

  • Complaints

Council Files Complaint Against ICE for Racial Discrimination and Excessive Use of Force in Colorado Facility

Publication Date: 
March 24, 2022
The American Immigration Council filed a complaint with the Department of Homeland Security's oversight bodies urging an investigation into racial discrimination and excessive use of force at the...
  • Press Release

Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law

March 24, 2022
The American Immigration Council and the American Immigration Lawyers Association (AILA) responded to today’s release of an interim final rule related to asylum procedures with concern. The rule is being published in draft form and is slated to take effect in 60 days, however additional public comment is being accepted for 60 days.
  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Blog

This USCIS Policy Change Will Reunite Vulnerable LGBTQ Refugee and Asylum Couples

March 2, 2022

In February, U.S. Citizenship and Immigration Services (USCIS) reversed Trump administration guidance that limited recognition of marriages performed abroad only to those considered “valid” in the...

  • Letters

Coalition Calls on Biden Administration to Rescind Rule that Would Bar Asylum Seekers Under the Pretenses of Public Health

Publication Date: 
February 28, 2022
The Council joined 134 other organizations in a letter calling on U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review to rescind the “Security Bars and...
  • Letters

Coalition Urges Biden Administration to Designate Temporary Protected Status to Ukraine

Publication Date: 
February 25, 2022
The American Immigration Council joined 177 organizations to request an immediate 18-month designation of Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) and Special Student...
  • Blog

Federal Court Restores Access to Work Permits for Many Asylum Seekers

February 9, 2022

A federal court issued a decision on February 7 invalidating two Trump-era regulations that restricted access to work permits for asylum seekers. In her decision, Judge Beryl Howell of the...

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