Humanitarian Protection

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.

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All Humanitarian Protection Content

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
Publication Date: 
July 12, 2024
This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.
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June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
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May 10, 2024
On May 9, 2024, the Department of Homeland Security announced a Notice of Proposed Rulemaking, published here, that would allow asylum officers to reject a subset of asylum seekers earlier in the...
Publication Date: 
April 8, 2024
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
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February 1, 2024
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
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January 15, 2024
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...
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January 12, 2024

Parole is an essential component of U.S. immigration law. It can be an important tool to manage the processing of migrants at U.S. borders; a powerful response to humanitarian crisis; and a way to...

Publication Date: 
December 12, 2023
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.
Publication Date: 
July 11, 2023
This fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
On April 25, the Council filed a request under the Freedom of Information Act (FOIA) with the Department of State to obtain locational and demographic data on refugees admitted to the United States.
July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
July 1, 2024
The American Immigration Council submitted a comment in response to a temporary final rule on the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document (“EAD”) Renewal Applicants.
June 30, 2024
The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted comments to a Department of Homeland Security and Department of Justice proposed rule that would apply certain bars to asylum during asylum seekers' credible and reasonable fear screenings.
The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
The Department of State used to provide data on refugee resettlement at a city level until 2018. Unfortunately, the absence of such data has caused difficulties for local communities who want to help and welcome refugees. To address this issue, the Council requested the Department of State to share this information through the Freedom of Information Act (FOIA) on April 25.
These Freedom of Information Act requests seek to uncover information about the FERM program, which places families enrolled on a fast track to deportations if they don’t pass credible fear interviews.
September 19, 2023

The American Immigration Council joined 45 other organizations in calling on the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and...

This lawsuit challenges the federal government’s border-wide policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry.
This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
Publication Date: 
March 22, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
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November 24, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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).
Publication Date: 
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.
October 2, 2024

While immigration remains a top issue for the nation as a whole, for years Minnesota has taken an active role in integrating and supporting immigrants throughout the state. Governor Tim Walz’s...

September 30, 2024

As Springfield, Ohio, and its purported (largely invented) problems with its Haitian population have continued to dominate both national news and the presidential campaign, people on both sides...

August 21, 2024

Update on 9/13/24: On August 23rd, Harris County District Judge Ravi K. Sandill denied Attorney General Ken Paxton’s request to halt FIEL’s operations and revoke its nonprofit status, effectively...

July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

May 22, 2024

The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores...

May 13, 2024

On May 9, the Biden administration proposed a rule that would allow asylum officers to consider and impose certain restrictions or “bars” to the initial asylum screening process at the border....

May 3, 2024

When someone crosses the border to seek asylum in the United States, they often first go through a credible fear interview (CFI). An asylum officer evaluates a person’s fear of returning to their...

April 9, 2024

After months of contentious debate and near government shutdowns, Congress approved appropriations for fiscal year 2024, which President Biden quickly signed into law. The spending package...

March 1, 2024

For decades, the Catholic nonprofit Annunciation House has worked to support migrants in El Paso, Texas. It’s provided shelter, food and services to countless people who have just arrived in the...

October 1, 2024
A case that challenges that U.S. government's policy of turning away asylum seekers who legally approach ports of entry can move forward, a judge ruled.
October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
May 9, 2024
Civil rights groups filed a federal lawsuit today to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
February 5, 2024
On Sunday night, a bipartisan group of senators released the “Emergency National Security Supplemental Appropriations Act, 2024." Jeremy Robbins, Executive Director of the American Immigration Council, responds to this controversial legislation that faces an uncertain future.
November 27, 2023

Inhumane practices. Open-air detention sites. Family separations.

November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
October 18, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
September 20, 2023
The Council responds to the Biden Administration's announcement that it will be extending Temporary Protected Status (TPS) for Venezuelans who arrived in the United States before July 31, 2023.
October 2, 2024

While immigration remains a top issue for the nation as a whole, for years Minnesota has taken an active role in integrating and supporting immigrants throughout the state. Governor Tim Walz’s...

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
October 1, 2024
A case that challenges that U.S. government's policy of turning away asylum seekers who legally approach ports of entry can move forward, a judge ruled.
October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
September 30, 2024

As Springfield, Ohio, and its purported (largely invented) problems with its Haitian population have continued to dominate both national news and the presidential campaign, people on both sides...

August 21, 2024

Update on 9/13/24: On August 23rd, Harris County District Judge Ravi K. Sandill denied Attorney General Ken Paxton’s request to halt FIEL’s operations and revoke its nonprofit status, effectively...

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

On April 25, the Council filed a request under the Freedom of Information Act (FOIA) with the Department of State to obtain locational and demographic data on refugees admitted to the United States.
July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.

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