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

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...

  • Blog

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together

May 19, 2020

When the Trump administration implemented mass family separation in 2018, the American public was outraged. Two years later, U.S. Immigration and Customs Enforcement (ICE) is using a different...

  • Blog

New Data Shows Border Patrol Agents Reject More Asylum Seekers

May 6, 2020

The Trump administration has used the coronavirus pandemic to justify shutting down the southern border—and much of our asylum system along with it. But long before the pandemic, the...

  • Blog

How Coronavirus is Changing US Asylum Policy at the Border

March 23, 2020

The Trump administration detailed its plans to begin rapidly deporting to Mexico people encountered at or near the southern border—without any due process—as the coronavirus continues to spread...

  • Blog

CBP Hides Itself from Public View and Lacks Accountability

March 18, 2020

U.S. Customs and Border Protection (CBP) has historically conducted immigration enforcement along our borders. In this role, the agency has developed a reputation for overuse and abuse of its...

  • 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.
  • Press Release

Complaint Filed as Customs and Border Protection Turns Away Asylum Seekers

January 17, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties, last Friday and the Office of Inspector General, 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.
  • Press Release

Federal Court Grants Nationwide Class Status in Suit to Protect Asylum Seekers

January 12, 2017
A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries.
  • Press Release

Developments with Respect to the One-Year Deadline for Filing Asylum Applications

September 20, 2016
Northwest Immigrant Rights Project (NWIRP), Dobrin & Han, PC, American Immigration Council, and the National Immigration Project of the National Lawyers Guild commend the Executive Office for Immigration Review (EOIR) for reversing course and now allowing asylum applicants to file their applications by mail or in person at an immigration court window.
  • Press Release

Asylum Seekers File Class Action Lawsuit Against DHS

July 1, 2016
The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period.
  • Press Release

Eight of Twelve Families Targeted by ICE Have Been Released

February 8, 2016

Washington D.C. – After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight of the families

  • Press Release

CARA: 33 Mothers and Children Protected from Immediate Deportation

January 13, 2016

Washington D.C. – In the last week, 121 mothers and children were brought to the South Texas Residential Family Center in Dilley, Texas, after being rounded up by Immigration and Customs Enf

  • Fact Sheet

A Guide to Title 42 Expulsions at the Border

Publication Date: 
May 25, 2022
The United States has long guaranteed the right to seek asylum to individuals who arrive at our southern border and ask for protection. But since March 20, 2020, that fundamental right has been...
  • Blog

Biden Administration Creates New Parole Program for Ukrainians

April 27, 2022

The Biden administration announced a special parole program for Ukrainians that began April 25. The Uniting for Ukraine program is a first step toward the administration’s commitment to welcoming...

  • Blog

Settlement Deadline in Lawsuit Addressing a One-Year Filing Deadline for Asylum Applications

April 21, 2022

Immigration law requires that asylum seekers file applications for asylum within one year of last entering the United States. Filing after one year can be the sole reason the U.S. government...

  • Blog

The US Response to Ukraine Shows We Have the Capacity for Humanitarian Relief

April 6, 2022

At the beginning of March 2022, as millions of Ukrainians were being displaced by Russian invasion, the U.S. government announced a series of policy changes to assist some of the people impacted...

  • 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.

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