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

  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Research and Analysis

Letter Urging Attorney General Merrick Garland to Vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A

Publication Date: 
May 7, 2021

The Council joined 356 other organizations, law school clinics, professors, law firms, and practitioners in urging Attorney General Merrick Garland to vacate Matter of A-B, Matter of...

  • Fact Sheet

Metering and Asylum Turnbacks

Publication Date: 
March 8, 2021
This fact sheet provides an overview of a practice known as “metering” that has been used by U.S. Customs and Border Protection to turn away thousands of people who come to ports of entry seeking...
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

Publication Date: 
February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Fact Sheet

The Electronic Nationality Verification Program: An Overview

Publication Date: 
January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
  • 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.
  • Fact Sheet

Violence Against Women Act (VAWA) Provides Protections for Immigrant Women and Victims of Crime

Publication Date: 
November 23, 2019
This fact sheet provides basic information about three of these forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under...
  • Special Report

Detaining Families

Publication Date: 
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
  • FOIA

Agency Failures Make Obtaining Humanitarian Parole Almost Impossible for Afghans

Records show how the USCIS’s response to the high volume of humanitarian parole applications contributed to the massive delays faced by Afghans.
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • Amicus Briefs

Council and Partners Urge Supreme Court to Stop Texas Court from Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 23, 2021
This amicus brief urges the Supreme Court to stop the reinstatement of the Migrant Protection Protocols (MPP), and halt the lower court's poorly reasoned and factually flawed decision.
  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • Litigation

Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

The Council filed a federal lawsuit challenging the Trump administration’s rule that would drastically increase fees across-the-board in high-stakes immigration proceedings.
  • 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.
  • 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.
  • 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."
  • Advocacy

Comment on Security Bars and Processing Regulation

August 5, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted a comment opposing the regulation "Security Bars and Processing." 

...

  • Blog

Refugees and Asylum Seekers Generate Billions of Dollars More Than They Cost the U.S. Government

February 22, 2024

A report released this month by the U.S. Department of Health and Human Services (HHS) found that refugees and asylees have generated tens of billions of dollars more in local, state, and federal...

  • 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,...

  • 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...

  • 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

CBP’s Continued ‘Turnbacks’ Are Sending Asylum Seekers Back to Lethal Danger

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

  • Blog

The True Impact of Biden’s Asylum Transit Ban

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

  • Blog

Stays in CBP Custody Are Getting Longer Due to ‘Phone Booth Asylum’ Policy

July 21, 2023

“I never thought I’d say there’s anything worse than ICE custody, but this is it.” That’s an immigration attorney in San Diego talking to CNN about the shelter facilities run by U.S. Customs and...

  • Blog

Biden’s Asylum Transit Ban – Where Are We Now?

June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

  • Blog

Congress Introduces Sweeping Immigration Reform Bill ‘DIGNIDAD Act’ to Address Systematic Challenges

May 25, 2023

On May 23, members of Congress introduced what has sadly become an increasingly rare bit of legislation; a comprehensive immigration reform bill aimed at addressing large-scale systematic problems...

  • Blog

Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

  • Press Release

American Immigration Council Applauds TPS Re-Designation for Venezuelans, Granting Much-Needed Relief and Work Authorization

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.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

May 10, 2023
The U.S. Department of Justice and the U.S. Department of Homeland Security released a Notice of Proposed Rulemaking that will implement a new asylum transit ban—one of the most restrictive border control measures to date under any president.
  • Press Release

New Asylum Transit Ban Is Dangerous and Shortsighted

May 10, 2023
The Biden administration announced the implementation of an asylum transit ban that will penalize asylum seekers who don’t apply for protection in other nations they transit through on their way to the United States.
  • Press Release

American Immigration Council Unveils Blueprint for a Modern and Functional Border and Asylum System

May 3, 2023
The American Immigration Council released a new vision and blueprint for the border that highlights the need for a modern and functional system of humanitarian protection and border management in the United States.
  • Press Release

State Department and DHS Show Welcome Commitment to Addressing Hemisphere-Wide Refugee Crisis

April 27, 2023
The Biden administration announced the establishment of refugee processing centers in Latin America. The announcement is a welcome development that acknowledges the expansion of access to humanitarian protections as an essential solution to a hemisphere-wide refugee crisis that has displaced over 20 million people.
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
  • Press Release

The Biden Administration Announces Private Sponsorship of Refugees Program

January 19, 2023
The Biden administration announced a new program allowing U.S. citizens and permanent residents to sponsor an individual to enter the United States as a formal refugee.
  • Press Release

AILA and the American Immigration Council Respond to a Bipartisan Framework of Immigration Reform Compromises

December 5, 2022
In response to news of a new bi-partisan framework of immigration reform compromises from Sens. Thom Tillis (R-N.C.) and Kyrsten Sinema (D-Ariz.) —the American Immigration Lawyers Association (AILA) and the American Immigration Council issued the following statement.
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

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.
  • Blog

Kamala Harris’ Opportunity to Reframe the Immigration Conversation

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...

  • Comments

Council and AILA submit Comments on Interim Final Rule Restricting Access to Humanitarian Protections at the U.S./Mexico Border

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.
  • Comments

Council Comment Supporting the Temporary Increase of the Automatic Extension Period for Certain Renewed Employment Authorization Documents

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.
  • Comments

Council and AILA Submit Comment on the Application of Certain Mandatory Bars in Fear Screenings

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.
  • Blog

Biden’s New Changes to the Asylum Process: What You Need to Know

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...

  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

Publication Date: 
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...
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

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.
  • Blog

Biden Proposes Rule to Quickly Remove Certain Migrants During Initial Screening Process at the Border

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....

  • Fact Sheet

The Biden Administration’s Proposed Regulation On Asylum Bars: An Analysis

Publication Date: 
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...

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