Asylum

Recent Features

FACT SHEET
Expedited Removal Explainer

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

Asylum Seekers Challenge Spending Months Locked Up Without Interviews or Bond Hearings

August 24, 2018

Earlier this year, the Trump administration launched its “zero tolerance” policy, aimed at punishing immigrants, including asylum seekers, who enter the United States without authorization. Among...

  • Blog

Government Coerced Parents into Signing Their Rights Away Before Being Reunited with Their Children

August 23, 2018

In all the chaos of family separation, another disturbing detail has come to light: immigration officials may have coerced vulnerable parents into signing away their right to be reunified with...

  • Blog

Detention Is Not the Solution to Family Separation: 15 Years of Government Data Explain Why

August 16, 2018

In the wake of the government separating thousands of asylum-seeking families, the Trump administration has scrambled to reunite families. In place of family separation, the administration is...

  • Blog

Family Separation, Harsh Enforcement Tactics Do Not Deter Migration

August 10, 2018

When the Trump administration began prosecuting migrant families and separating thousands of children from their parents, many in the administration predicted this would significantly deter...

  • Blog

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

August 7, 2018

The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be...

  • Blog

The Family Reunification Deadline Passed. What’s Next for Separated Families?

July 27, 2018

The court-imposed deadline of July 26 for the Department of Homeland Security (DHS) to reunite families separated at the southern border has passed. So far, over 1800 children have been released...

  • Blog

Government Uses Separated Children as Leverage to Coerce Parents Into Signing for Deportation

July 19, 2018

Among the many questions presented by the separation of immigrant families at the border is whether detained parents are being coerced into signing paperwork ensuring their deportation. Without...

  • Blog

USCIS Is Redefining Who Qualifies For Asylum in This New Guidance

July 18, 2018

In its latest attack on asylum seekers, U.S. Citizenship and Immigration Services (USCIS) issued new guidance to asylum officers that will make it much harder for victims of domestic violence and...

  • Blog

It Is Legal to Seek Asylum

July 17, 2018

As thousands of asylum-seeking parents were separated from their children in recent months, the Trump administration actively portrayed them as law breakers who must be prosecuted and punished for...

  • Blog

Trump Administration Misses the First Deadline to Reunite Children With Parents

July 11, 2018

After being order last month by a federal judge to reunite the thousands of children it had separated from their parents under the “zero tolerance” policy, the Trump administration said it would...

  • Amicus Briefs

Council Files Amicus Brief on Opportunity for Detained Migrants with Prior Removal Orders Seeking Humanitarian Protection to be Released on Bond

Publication Date: 
November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
  • Press Release

Lawsuit Demands Records on the Treatment of Migrant Children at the Border During COVID-19 Pandemic

October 30, 2020
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States.
  • Blog

The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings

October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

  • Amicus Briefs

Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings

Publication Date: 
October 22, 2020
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law.
  • Blog

Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges

October 13, 2020

At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for...

  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Fact Sheet

The Difference Between Asylum and Withholding of Removal

Publication Date: 
October 6, 2020
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on...
  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

Publication Date: 
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Blog

USCIS is Preventing Asylum Seekers from Bringing Their Own Interpreters to Interviews

September 29, 2020

U.S. Citizenship and Immigration Services (USCIS) has implemented a new temporary rule preventing affirmative asylum seekers—who request asylum while already physically present in the United...

  • Blog

Proposed 15-Day Filing Rule for Asylum Seekers Is Designed to Be Impossible

September 24, 2020

The Trump administration has spent most of the year trying to destroy asylum law—and the blows keep coming. On Sept. 23, the Department of Justice proposed yet another regulation aimed at certain...

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