Humanitarian Protection

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.

All Humanitarian Protection Content

  • 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...
  • Fact Sheet

Workers with Temporary Protected Status in Key Industries and States

Publication Date: 
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.
  • 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...
  • Special Report

Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families

Publication Date: 
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...
  • Special Report

Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration

Publication Date: 
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

  • Special Report

Learning from Our Past: The Refugee Experience in the United States

Publication Date: 
November 25, 2015
This report provides background on the refugee experience in the United States, including welcoming and exclusionary responses, the impacts of these disparate reactions, and lessons to consider in...
  • Special Report

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

Publication Date: 
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...

  • Special Report

No Childhood Here: Why Central American Children are Fleeing Their Homes

Publication Date: 
July 1, 2014
U.S. and regional response must realize that the majority of these children have significant protection needs.
  • Special Report

Deportation in the Time of Cholera: DHS's Mixed Response to Haiti's Earthquake

Publication Date: 
May 26, 2011
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who...
  • Special Report

An Assessment of DNA Testing for African Refugees

Publication Date: 
October 21, 2010

In March 2008, the Bureau of Population, Migration and Refugees (PRM)—the Department of State agency that processes refugees abroad—halted its family...

  • 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 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

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

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....

  • FOIA

Demanding Records About the Migrant Protection Protocols Program

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.
  • FOIA

Freedom of Information Act Request Regarding Asylum Negotiations Between the U.S. and Guatemala

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...

  • Advocacy

Statement for the Senate Committee on Homeland Security and Governmental Affairs Hearing on "The Implications of Reinterpretation of the Flores Settlement for Border Security and Illegal Immigration Incentives"

September 18, 2018

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

  • Litigation

Ending Obstacles for Temporary Protected Status Recipients Seeking Legal Permanent Residence

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.
  • Amicus Briefs

Matter of Castro-Tum

Publication Date: 
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.
  • Amicus Briefs

Ramirez v. Dougherty - Ninth Circuit

Publication Date: 
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.
  • 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

Congress Punts on Supplemental Funding While Setting up Future Fight on Immigration

November 17, 2023

After weeks of uncertainty as to whether Congress would reach a deal to fund the government and avoid a shutdown, earlier this week Congress passed a continuing resolution bill which funds the...

  • Blog

Spotlight on the Economic Contributions of TPS Holders

October 23, 2023

In September, the Biden administration extended temporary protection to some 472,000 Venezuelan migrants in the United States. Doing so provided welcome humanitarian relief—thousands of men, women...

  • Blog

Seeking Refuge Across the US, Little Amal Starts Her Journey

September 7, 2023

Co-authors: Micaela McConnell, Paloma Ramos “Don’t forget about us,” is the cornerstone message that will be amplified across the United States this fall as Little Amal, a 12-foot puppet of a 10-...

  • Blog

Ukraine and Sudan Receive TPS Extensions, Redesignations as Global Displacement Continues to Rise

August 24, 2023

U.S. Citizenship and Immigration Services (USCIS) announced the extension and redesignation of Temporary Protected Status (TPS) for nationals of Sudan and Ukraine last week. This is a welcome...

  • 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

DHS Launches Process for Afghans to Extend Permission to Stay in the US

June 9, 2023

Time was running out for many Afghan refugees living and working in the United States after American troops withdrew from Afghanistan. Thanks to the Biden administration’s recent decision to...

  • 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.
  • Press Release

Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System

November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
  • Press Release

Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan

October 24, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Press Release

Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law

March 24, 2022
The American Immigration Council and the American Immigration Lawyers Association (AILA) responded to today’s release of an interim final rule related to asylum procedures with concern. The rule is being published in draft form and is slated to take effect in 60 days, however additional public comment is being accepted for 60 days.
  • Press Release

One Year In: The Biden Administration’s Promises on Immigration Remain Unfulfilled

January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.
  • Press Release

Lawsuit Seeks Answers to Privacy and Data Risks Associated with the CBP One App

December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
  • Press Release

The U.S. Supreme Court Decides to Send Asylum Seekers to Danger

August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
  • Press Release

AG Garland Restores Judges’ Discretion to Manage an Overburdened Docket

July 15, 2021
Attorney General Merrick Garland today restored immigration judges’ ability to administratively close deportation cases.
  • 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...

  • FOIA

The Council Sues the Department of State for Data on Where the Agency Resettles Refugees

On April 25, the Council filed a request under the Freedom of Information Act (FOIA) with the Department of State to obtain locational and demographic data on refugees admitted to the United States.
  • 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.
  • Fact Sheet

Temporary Protected Status: An Overview

Publication Date: 
July 12, 2024
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.
  • 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.
  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
  • 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...

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