Asylum

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

Recent Features

All Asylum Content

Last modified: 
February 1, 2024
Publication Date: 
January 7, 2022
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
Last modified: 
January 12, 2024
Publication Date: 
January 12, 2024

Parole is an essential component of U.S. immigration law. It can be an important tool to manage the processing of migrants at U.S. borders; a powerful response to humanitarian crisis; and a way to...

Last modified: 
December 12, 2023
Publication Date: 
July 22, 2019
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.
Last modified: 
May 3, 2023
Publication Date: 
May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
Publication Date: 
July 11, 2023
This fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
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...

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...
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...
These Freedom of Information Act requests seek to uncover information about the FERM program, which places families enrolled on a fast track to deportations if they don’t pass credible fear interviews.
September 19, 2023

The American Immigration Council joined 45 other organizations in calling on the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and...

This lawsuit challenges the federal government’s border-wide policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry.
This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
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.
Records show how the USCIS’s response to the high volume of humanitarian parole applications contributed to the massive delays faced by Afghans.
The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
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.
Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
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.
Last modified: 
March 22, 2024
Publication Date: 
January 8, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
Last modified: 
October 20, 2023
Publication Date: 
June 30, 2021
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.
Last modified: 
November 24, 2022
Publication Date: 
November 1, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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).
Publication Date: 
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.
March 1, 2024

For decades, the Catholic nonprofit Annunciation House has worked to support migrants in El Paso, Texas. It’s provided shelter, food and services to countless people who have just arrived in the...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

February 5, 2024
On Sunday night, a bipartisan group of senators released the “Emergency National Security Supplemental Appropriations Act, 2024." Jeremy Robbins, Executive Director of the American Immigration Council, responds to this controversial legislation that faces an uncertain future.
November 27, 2023

Inhumane practices. Open-air detention sites. Family separations.

November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
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.
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.
April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden 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.
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.
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.
Last modified: 
March 22, 2024
Publication Date: 
January 8, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
February 5, 2024
On Sunday night, a bipartisan group of senators released the “Emergency National Security Supplemental Appropriations Act, 2024." Jeremy Robbins, Executive Director of the American Immigration Council, responds to this controversial legislation that faces an uncertain future.
Last modified: 
February 1, 2024
Publication Date: 
January 7, 2022
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
Last modified: 
January 12, 2024
Publication Date: 
January 12, 2024

Parole is an essential component of U.S. immigration law. It can be an important tool to manage the processing of migrants at U.S. borders; a powerful response to humanitarian crisis; and a way to...

Last modified: 
December 12, 2023
Publication Date: 
July 22, 2019
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.
November 27, 2023

Inhumane practices. Open-air detention sites. Family separations.

These Freedom of Information Act requests seek to uncover information about the FERM program, which places families enrolled on a fast track to deportations if they don’t pass credible fear interviews.
November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
Last modified: 
October 20, 2023
Publication Date: 
June 30, 2021
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.
October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.

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