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

All Asylum Content

May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
August 22, 2016
This fact sheet describes the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.
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...
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...

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...
May 7, 2012
With approximately 19 million immigrant women and girls in the United States, nearly half of the foreign-born population is female. Unfortunately, many of these immigrant women, particularly those...
February 1, 2005
The efficiency of the asylum program depends in large part on a fully staffed and adequately funded Asylum Corps that evaluates asylum claims thoroughly and expeditiously.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
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 challenges obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States.
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.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
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).
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.
December 11, 2017

An alarming trend along the U.S.-Mexico border has escalated within the last year: the inhumane practice of separating immigrant children from their parents at the hands of U.S. immigration...

November 15, 2017

It is an egregious, well-documented reality that U.S. Customs and Border Protection (CBP) frequently turns away people seeking asylum along the U.S. southern border. But new evidence presented to...

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

October 10, 2017

The White House released its Immigration Principles and Policies late Sunday night, providing an outline of the Trump administration’s proposals on immigration. The principles were sent to...

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

September 20, 2017

U.S. immigration officials have a long history of overstepping the boundaries of their legal authority and violating the constitutional and other legal rights of migrants at the Southwest border....

August 24, 2017

The Administration’s efforts to massively expand immigration detention in the United States are already evident in Texas, where a for-profit prison company is building the largest complex in the...

August 21, 2017

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times...

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

July 12, 2017

Men, women, and children fleeing persecution, grave violence, and even death arrive daily at Ports of Entry (POE) all along the U.S.-Mexico border and present themselves to U.S. Customs and Border...

December 11, 2017
Today, a complaint on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed with the Department of Homeland Security’s Office of the Inspector General and Office of Civil Rights and Civil Liberties.
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.
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.
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.

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.
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.
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.
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.
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.
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

December 11, 2017

An alarming trend along the U.S.-Mexico border has escalated within the last year: the inhumane practice of separating immigrant children from their parents at the hands of U.S. immigration...

December 11, 2017
Today, a complaint on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed with the Department of Homeland Security’s Office of the Inspector General and Office of Civil Rights and Civil Liberties.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
November 15, 2017

It is an egregious, well-documented reality that U.S. Customs and Border Protection (CBP) frequently turns away people seeking asylum along the U.S. southern border. But new evidence presented to...

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

October 10, 2017

The White House released its Immigration Principles and Policies late Sunday night, providing an outline of the Trump administration’s proposals on immigration. The principles were sent to...

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.
October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

September 20, 2017

U.S. immigration officials have a long history of overstepping the boundaries of their legal authority and violating the constitutional and other legal rights of migrants at the Southwest border....

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