Humanitarian Protection

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

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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

  • Blog

Biden Administration Plans Big Changes for Asylum Seekers at the Border

August 19, 2021

The Biden administration announced this week that it will propose a new rule to speed up the fair and humane processing of asylum claims of people arriving at the U.S. border. The issue has been...

  • Blog

America’s Ending in Afghanistan Must Ensure Safe Passage for Our Afghan Allies

August 18, 2021

Across centuries, Afghanistan has been a nation unconquerable. From the conquest of Alexander the Great to the United States military, insurgent forces have beat back the offensive from some of...

  • Blog

USCIS Has Been Busy Expanding Access to Legal Immigration and Restoring Some Humanitarian Protections

August 11, 2021

U.S. Citizenship and Immigration Services (USCIS) has begun implementing policies in recent weeks which expand access to lawful immigration status, employment, and humanitarian protections for...

  • Blog

Attorney General Garland Brings Back Administrative Closure for Immigration Judges

July 16, 2021

Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing...

  • Blog

This Special Program Gives Refugee Athletes a Chance to Compete in the Olympics  

July 14, 2021

The International Olympic Committee (IOC) has decided to expand a unique venture for the upcoming 2020 Summer Olympics in Tokyo: The Refugee Olympic Team. The expansion is part of the IOC’s long-...

  • Blog

Scientific Evidence Shows Assumptions About Asylum Seekers’ Memory Are Wrong

June 29, 2021

How well should someone be able to remember every detail of a traumatic event? The U.S. government argues people should have a near perfect memory to obtain asylum—even if they experienced the...

  • Blog

Biden Will Admit Asylum Seekers Ordered Deported Under Trump’s Migrant Protection Protocols

June 23, 2021

Asylum seekers who were ordered deported for missing their U.S. court hearings under the Trump administration’s so-called Migrant Protection Protocols (MPP)—informally known as the “Remain in...

  • Blog

On World Refugee Day, A Call to Rebuild U.S. Refugee Resettlement

June 18, 2021

World Refugee Day is celebrated internationally on June 20 every year. It honors the struggle of refugees around the world who are fleeing violence and persecution and are unable to safely return...

  • Blog

Attorney General Rescinds Two Trump Decisions, Restoring Protection to Many Asylum Seekers

June 17, 2021

Attorney General Merrick Garland announced on June 16 that he is restoring a vital lifeline to survivors of gender-based violence, gang violence, and violence on account of family relationships....

  • Blog

Biden Signals Big Changes to Legal Immigration and Asylum Law with Spring Regulatory Agenda

June 16, 2021

Twice each year, the federal government publishes a “regulatory agenda,” a preview of all the proposals that are in the pipeline to become federal regulations. Last week, the Biden administration...

  • Press Release

Federal Court Rules that Challenge to Trump’s Asylum Turnback Policy Will Move Forward

July 30, 2019
A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along the U.S.-Mexico border – including its attempt to choke off asylum applications through a so-called “metering” process.
  • Press Release

Federal Appeals Court Rejects Trump Administration’s Efforts to Deny Bond Hearings to Asylum Seekers

July 22, 2019
A federal appeals court ruled that asylum seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum seekers.
  • Press Release

Attempts to Restrict Asylum in the U.S. Betray America’s Legacy

July 15, 2019
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law.
  • Press Release

Federal Court Blocks Trump Administration Policy of Arbitrarily Jailing Asylum-Seekers

July 2, 2019
A federal court has blocked a Trump administration policy that categorically denies bond hearings to asylum-seekers. The policy, announced April 16 by Attorney General William Barr, targeted asylum-seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. The American Immigration Council, Northwest Immigrant Rights Project, and American Civil Liberties Union challenged the policy with the lawsuit Padilla v. ICE.
  • Press Release

Groups Launch Legal Challenge to Trump Administration Policy on Jailing Asylum Seekers

May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
  • Press Release

Attorney General’s Decision Would Deprive Asylum Seekers of Bond Hearings

April 16, 2019
In a decision today, Attorney General William Barr ruled that individuals with valid protection asylum claims who entered between ports of entry no longer are eligible for release on bond by an immigration judge. The decision could result in the unnecessary detention of thousands more individuals each year, despite the enormous financial and human costs. With the Northwest Immigrant Rights Project and the ACLU, the American Immigration Council intends to challenge the new decision.
  • Press Release

Federal Court Orders Timely Bond Hearings and Legal Protections for Asylum Seekers

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
  • Press Release

Complaint Brings Injustice in El Paso Immigration Court to Light

April 3, 2019
The complaint demands an immediate investigation into systemic due process concerns at the El Paso Service Processing Center (SPC) immigration court in El Paso, Texas.
  • Press Release

Federal Court Certifies Two Nationwide Classes Challenging Delays in Detained Asylum Seekers’ Cases

March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
  • Press Release

Court Filing Seeks Information Regarding Retaliation Against Immigrants’ Rights Attorneys at Southern Border

February 27, 2019
The Southern Poverty Law Center, the Center for Constitutional Rights, and the American Immigration Council filed a motion late last week seeking information regarding possible U.S. government harassment and retaliation against the leadership of the immigrants’ rights organization Al Otro Lado.
  • Blog

How To Seek Asylum (Under Biden’s Asylum Transit Ban), In 15 Not-At-All-Easy Steps

May 11, 2023

Back in February, when the Biden administration proposed a new regulation that would essentially restrict the vast majority of border crossers from qualifying for asylum, we broke it down with a...

  • 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.
  • Letters

Coalition Letter Urges Vote Against Border Bill That Dismantles Asylum and Harms Asylum Seekers and Border Communities

Publication Date: 
May 10, 2023
The American Immigration Council joined a coalition of 129 organizations calling for members of the House of Representatives to vote against an anti-immigrant border bill that would dismantle the U.S...
  • 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.
  • Special Report

Beyond A Border Solution

Publication Date: 
May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
  • 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.
  • Litigation

Separated Family Members Seek Monetary Damages from United States

The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
  • Litigation

Challenging Credible Fear Interview and Bond Hearing Delays

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
  • Blog

GOP’s Extreme Border Bill Rejects Solutions and Embraces Ending Asylum

April 19, 2023

On Monday, April 17, the House GOP introduced its first comprehensive border bill of the 118th Congress. The bill comes after months of disagreement within the caucus surrounding legislative...

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