Humanitarian Protection

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

All Humanitarian Protection Content

March 18, 2021
This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.
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...
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...
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.
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...
January 22, 2021
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...
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...
January 10, 2020
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
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.
January 9, 2019
This fact sheet estimates the likely numbers of workers with TPS from these three countries, broken down by the states in which they reside and the industries in which they are employed.
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.
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.
July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

The Migrant Protection Protocols—also known as Remain in Mexico—raises alarming safety and due process questions. However, the government has kept information on how the program is being implemented.

The American Immigration Council filed Freedom of Information Act requests with the Department of Homeland Security (DHS) and the Department of State (DOS) seeking information regarding the...

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.
February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
March 31, 2017
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
This lawsuit challenged obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States.
November 2, 2020
This Practice Advisory addresses USCIS’ reversal of its longstanding policy of treating authorized travel by Temporary Protected Status holders as “parole” for adjustment or status.
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.
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.
April 8, 2021

Only days after President Biden took office, some people were already declaring that the border was in a state of crisis. But recently released U.S. Customs and Border Protection statistics reveal...

April 1, 2021

A group of Republican lawmakers recently introduced a slew of anti-immigration bills in the House of Representatives and Senate. The bills primarily target people’s rights to seek asylum in the...

March 25, 2021

By the end of the Trump presidency, Temporary Protected Status (TPS) was all but destroyed. The former administration had attempted to end crucial protections for the hundreds of thousands of...

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

March 18, 2021

The U.S. House of Representatives passed two immigration bills on March 18, signaling that Congress might finally enact major immigration reform for the first time in over three decades. These...

March 9, 2021

The Department of Homeland Security (DHS) announced on March 8 that Venezuelan nationals present in the United States would be eligible to apply for Temporary Protected Status (TPS). The TPS...

March 9, 2021

Since 2013, the government has struggled to respond to increasing numbers of unaccompanied children arriving at the U.S.-Mexico border. After disastrous Trump administration policies left...

March 2, 2021

U.S. Immigration and Customs Enforcement (ICE) announced last week that it would make changes to two family detention centers in Texas that would result in families spending less time in detention...

February 12, 2021

The Trump administration sent over 70,000 people who came to the U.S border seeking asylum back to Mexico to wait for court hearings. This so-called “Migrant Protection Protocols” (“MPP”) program...

February 8, 2021

For more than 40 years, the law has guaranteed any person who is physically present in the United States a right to seek asylum. In 2019 the Trump administration attempted to effectively eliminate...

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
January 7, 2021
Immigrant rights advocates moved for a temporary restraining order to block the Trump administration’s latest attempt to circumvent an earlier court order prohibiting the government from applying an asylum ban to people whom U.S. Customs and Border Protection had previously turned away from ports of entry along the U.S.-Mexico border.
February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
November 20, 2019
The Trump administration published a new rule that seeks to implement safe third country agreements that the United States entered into with Guatemala, Honduras, and El Salvador—and bar many individuals seeking protection in the United States from being able to apply for asylum.
October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
May 7, 2018
Attorney General Jeff Sessions and Immigration and Customs Enforcement acting Director Thomas Homan announced today that the Department of Justice and Department of Homeland Security will be stepping up prosecutions of individuals along the southern border—likely resulting in the criminalization of asylum seekers and more family separation.
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.
January 27, 2017
These actions will isolate America and make us all party to blatant and bigoted religious targeting. These actions also ignore the multi-layered processes the government already uses to screen and vet those seeking entry to the U.S., whether as a refugee, on a tourist visa, or another visa permitting entry.
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.
April 8, 2021

Only days after President Biden took office, some people were already declaring that the border was in a state of crisis. But recently released U.S. Customs and Border Protection statistics reveal...

April 2, 2021
The American Immigration Council joined other organizations in calling on the Biden administration to phase-out immigration detention, beginning with the closure of ten specific facilities.
April 1, 2021

A group of Republican lawmakers recently introduced a slew of anti-immigration bills in the House of Representatives and Senate. The bills primarily target people’s rights to seek asylum in the...

March 25, 2021

By the end of the Trump presidency, Temporary Protected Status (TPS) was all but destroyed. The former administration had attempted to end crucial protections for the hundreds of thousands of...

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
March 18, 2021

The U.S. House of Representatives passed two immigration bills on March 18, signaling that Congress might finally enact major immigration reform for the first time in over three decades. These...

March 18, 2021
This fact sheet provides an overview of how Temporary Protected Status designations are made, what benefits TPS confers, and how TPS beneficiaries apply for and regularly renew their status.
March 9, 2021

The Department of Homeland Security (DHS) announced on March 8 that Venezuelan nationals present in the United States would be eligible to apply for Temporary Protected Status (TPS). The TPS...

March 9, 2021

Since 2013, the government has struggled to respond to increasing numbers of unaccompanied children arriving at the U.S.-Mexico border. After disastrous Trump administration policies left...

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