Humanitarian Protection

Recent Features

An Overview of U.S. Refugee Law and Policy

Before admission to the United States, each refugee must undergo an extensive interviewing, screening, and security clearance process. They go on to contribute to our communities and our economy.

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All Humanitarian Protection Content

  • Special Report

Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families

Publication Date: 
May 18, 2016
First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries...
  • Special Report

Understanding the Central American Refugee Crisis

Publication Date: 
February 1, 2016
The unprecedented levels of crime and violence that have overwhelmed the Northern Triangle countries in recent years have produced a refugee situation for those directly in the line of fire, making...
  • Special Report

Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration

Publication Date: 
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

  • Special Report

Learning from Our Past: The Refugee Experience in the United States

Publication Date: 
November 25, 2015
This report provides background on the refugee experience in the United States, including welcoming and exclusionary responses, the impacts of these disparate reactions, and lessons to consider in...
  • Special Report

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

Publication Date: 
July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

  • Special Report

A Guide to Children Arriving at the Border: Laws, Policies and Responses

Publication Date: 
June 26, 2015
This Guide provides information about the tens of thousands of children—some travelling with their parents and others alone—who have fled their homes in Central America and arrived at our southern...
  • Special Report

No Childhood Here: Why Central American Children are Fleeing Their Homes

Publication Date: 
July 1, 2014
U.S. and regional response must realize that the majority of these children have significant protection needs.
  • Special Report

Mexican and Central American Asylum and Credible Fear Claims: Background and Context

Publication Date: 
May 21, 2014
This paper addresses these issues, summarizes the concerns and experiences of numerous advocates in the field, and concludes that the credible fear and asylum process poses obstacles for applicants...
  • Special Report

Deportation in the Time of Cholera: DHS's Mixed Response to Haiti's Earthquake

Publication Date: 
May 26, 2011
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who...
  • Special Report

An Assessment of DNA Testing for African Refugees

Publication Date: 
October 21, 2010

In March 2008, the Bureau of Population, Migration and Refugees (PRM)—the Department of State agency that processes refugees abroad—halted its family...

  • Advocacy

Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization

May 12, 2020

The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers...

  • Amicus Briefs

Las Americas Immigrant Advocacy Center v. Wolf

Publication Date: 
January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

  • Advocacy

Comments on Proposed Restrictions to Asylum Procedures and Bars to Eligibility

January 23, 2020

The Trump administration has proposed amending regulations that affect asylum eligibility. If implemented, the regulations would shut America’s doors to many of those most in need of protection....

  • FOIA

Demanding Records About the Migrant Protection Protocols Program

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.
  • Legal Resources and Litigation

Statement for the House Committee on Homeland Security “Examining the Human Rights and Legal Implications of DHS’s ‘Remain in Mexico’ Policy.”

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.”
  • 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.
  • 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...

  • Advocacy

Firsthand Accounts of Medical Negligence in Customs and Border Protection Facilities

September 4, 2019
The administrative complaint filed with government oversight agencies highlights a systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody. This violates CBP’s own internal guidance and extensive medical guidelines.
  • Advocacy

Opposing the “Asylum Ban 2.0” Interim Final Rule

August 16, 2019

The American Immigration Council and the American Immigration Lawyers Association submitted a comment explaining how the interim final rule on Asylum...

  • Advocacy

Inadequate Medical Care at Colorado Immigration Detention Continues

June 11, 2019
New evidence shows the woefully inadequate medical and mental health care in an immigration detention center in Aurora, Colorado. Here are some of the detainees’ experiences we documented:
  • Blog

Deadly Detention Center Fire Is a Reminder: Both the US and Mexico Are Failing Migrants

March 29, 2023

On Monday night, 39 migrants died, and another 27 were seriously injured, in a fire in a Mexican detention center in Ciudad Juarez. The migrants—most of them from Guatemala, El Salvador, Honduras...

  • Blog

US and Canada Expand Safe Third Country Agreement in Another Move to Limit Asylum

March 29, 2023

The United States and Canada announced the expansion of their Safe Third Country Agreement (STCA) last week during President Biden’s visit to Canada. Under U.S. law, a so-called “Safe Third...

  • Blog

Ukrainians Get a Temporary Reprieve Instead of a Permanent Fix

March 15, 2023

The Biden administration announced on Monday that it would grant another year of temporary legal status for some Ukrainians who fled the Russian invasion for the United States before April 25,...

  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse

February 27, 2023

The New York Times has published a horrifying investigation into the exploitation of children who migrated to the United States as unaccompanied minors. The investigation by Hannah Dreier finds...

  • Blog

How To Seek Asylum (Under Biden’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps

February 22, 2023

The Biden administration recently announced a proposed regulation that would all but eliminate access to asylum for the overwhelming number of asylum seekers who come to the United States via the...

  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • Blog

Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System

February 8, 2023

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging...

  • Blog

Title 42’s End May Be in Sight. Good Riddance.

December 21, 2022

More than two and a half years after it began, the “public health” policy known as Title 42 may finally be nearing an end. On Monday, a coalition of GOP-led states submitted a last-ditch request...

  • Press Release

One Year In: The Biden Administration’s Promises on Immigration Remain Unfulfilled

January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.
  • Press Release

Court Does Not Expedite Work Permit Renewals for Asylum Seekers, Leaving Thousands Without Work or at Risk of Losing Jobs

December 23, 2021
A federal court denied preliminary relief in a lawsuit challenging USCIS's extreme delays and failure to process work permit renewals for asylum seekers. The judge declined to order USCIS to process work permit renewal applications within the 180-day automatic extension of employment authorization.
  • Press Release

Lawsuit Seeks Answers to Privacy and Data Risks Associated with the CBP One App

December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
  • Press Release

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
  • Press Release

Recission of MPP Is a Step Toward Ending a Humanitarian Catastrophe and Restoring Dignity to the Asylum Process

October 29, 2021
The Biden administration announced that DHS will issue a new memo to formally terminate the Migrant Protection Protocols. It is an important step towards ensuring that the MPP program never returns.
  • Press Release

The Reimplementation of MPP is Betrayal of President Biden’s Campaign Promises

October 15, 2021
The Biden administration announced today that the U.S. Department of Homeland Security plans to revive and reimplement the Migrant Protection Protocols by mid-November. The Council believes that plans to restart the program is a betrayal of the president’s campaign promises and a sign that this administration is failing to reenvision border management and the way that we treat asylum seekers.
  • Press Release

Citing Factual and Legal Flaws, Groups Urge DHS to Acknowledge Systematic Barriers in Second Memo Terminating MPP

October 14, 2021
The American Immigration Council and 29+ organizations urged DHS—in a letter offering factual and legal recommendations on how to end the Migrant Protection Protocols—to fully and forcefully acknowledge the humanitarian and legal catastrophe caused by MPP.
  • Press Release

Court Says Turnbacks of Tens of Thousands of Asylum Seekers Are Unlawful

September 2, 2021
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
  • Press Release

Immigrant Rights Advocates Urge Court to Permanently End Trump-Era Policy that Turned Back Tens of Thousands of Asylum Seekers

September 1, 2021
Immigrant rights advocates released a statement after presenting oral arguments before U.S. District Court of the Southern District of California, where they urged the court to declare unlawful and permanently end the Trump-era turnback policy.
  • Press Release

The U.S. Supreme Court Decides to Send Asylum Seekers to Danger

August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
  • Fact Sheet

The “Migrant Protection Protocols”

Publication Date: 
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...
  • Fact Sheet

Asylum in the United States

Publication Date: 
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...
  • Fact Sheet

Understanding the Importance of Humanitarian Parole in the U.S. Immigration System

Publication Date: 
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...

  • Blog

White House Leans Into Trump-Era Immigration Policy Changes to Get Ukraine Aid

December 13, 2023

The Biden administration signaled on December 12 that it is willing to make disastrous—and permanent—changes to asylum and immigration policy to obtain temporary military aid for Ukraine, Israel,...

  • Fact Sheet

A Primer on Expedited Removal

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.
  • Blog

What We Know About the Senate Negotiations That Could Wreck Asylum in the US 

December 1, 2023

Members of the U.S. Senate are currently negotiating a deal to continue funding the federal government next year, as well as providing military aid to Ukraine But the cost could be the federal...

  • Press Release

Inhumane Immigration Practices Require Transformative Solutions Now

November 27, 2023

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

  • FOIA

Council and AILA File FOIA Requests Seeking Information on FERM Program

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.
  • Blog

Labor Shortage Can Be Fixed by Letting Asylum Seekers Get Work Permits Sooner, Business Leaders Say

November 20, 2023

When asylum seekers come to the United States, they want to work—but an outdated immigration statute is making that more difficult than it needs to be. After filing an asylum application, asylum...

  • Blog

Congress Punts on Supplemental Funding While Setting up Future Fight on Immigration

November 17, 2023

After weeks of uncertainty as to whether Congress would reach a deal to fund the government and avoid a shutdown, earlier this week Congress passed a continuing resolution bill which funds the...

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