Asylum

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Asylum Content

January 13, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border despite having asserted a fear of returning to their home countries or an intention to seek asylum under U.S. law.
This lawsuit challenged obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States.
February 23, 2016
The statement shares our analysis and research regarding the children and families that have fled Central American violence to the United States.
August 26, 2019

Over 2,000 people from Central American who were seeking to live in the United States have reportedly given up and accepted a “free ride” home under a new, controversial program funded by the U.S...

August 22, 2019

The Trump administration announced a new regulation on Wednesday allowing for the indefinite detention of immigrant children. The new regulation will end the Flores Settlement Agreement. Flores is...

August 20, 2019

The Trump administration’s latest asylum ban went into effect in New Mexico and Texas—but not California and Arizona—on Friday after a ruling from the Ninth Circuit Court of Appeals. The ruling...

August 9, 2019

In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United...

July 31, 2019

Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new...

July 29, 2019

The Trump administration signed an agreement with Guatemala last Friday that appears to allow the U.S. government to send certain asylum applicants to Guatemala, forcing them to seek asylum there...

July 25, 2019

A federal judge in California blocked the implementation of a new rule yesterday that would have prevented most immigrants who arrive at the U.S. southern land border from qualifying for asylum in...

July 3, 2019

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have...

June 25, 2019

Case management isn’t necessarily something you would think of in relation to the U.S. immigration system, but a few years ago—for the first time in more than a decade—officials chose to invest in...

June 18, 2019

World Refugee Day serves as a reminder that as a nation we must do better to protect those who are fleeing harm.

The post...

November 8, 2018
The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
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
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.
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.
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.
January 17, 2020

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The...

January 13, 2020

People who come to the United States in search of protection must be allowed to work during the often-lengthy asylum application process. They need to be able to support themselves and their...

January 8, 2020

In yet another move to gut asylum protections in the United States, the Trump administration proposed a rule last month that would add severe new restrictions on asylum access. The restrictions...

The Migrant Protection Protocols—also known as Remain in Mexico—raises alarming safety and due process questions. However, the government has kept information on how the program is being implemented.
December 4, 2019

U.S. Customs and Border Protection (CBP)—the agency responsible for systematically separating thousands of migrant families in the summer of 2018—lacked the technology or mechanisms to record and...

November 23, 2019
This fact sheet provides basic information about three of these forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under...
November 21, 2019
The American Immigration Council submitted a written statement to the House Committee on Homeland Security for a November 19, 2019 hearing on the “Examining the Human Rights and Legal Implications of DHS’s ‘Remain in Mexico’ Policy.”
November 20, 2019

In yet another major blow to America’s asylum system, on Wednesday the Trump administration reportedly began sending some asylum seekers from Honduras and El Salvador to Guatemala rather than...

November 20, 2019
The Trump administration published a new rule that seeks to implement safe third country agreements that the United States entered into with Guatemala, Honduras, and El Salvador—and bar many individuals seeking protection in the United States from being able to apply for asylum.
November 19, 2019
A federal judge blocked the Trump administration’s asylum ban from being applied to thousands of asylum seekers who were unlawfully prevented from accessing the U.S. asylum process before the ban was implemented.

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