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

  • Research and Analysis

Hidden Victims Evaluating Protections for Undocumented Victims of Human Trafficking

Publication Date: 
December 1, 2005
In the United States, human traffickers most frequently exploit the desperation of undocumented immigrants as a means of obtaining victims. Until recently, their lack of legal status precluded...
  • Fact Sheet

From Refugees to Americans: Thirty Years of Vietnamese Immigration to the United States

Publication Date: 
June 1, 2005
Thirty years after the fall of the Saigon government, Vietnamese Americans celebrate the fact that they have moved far beyond their refugee origins and become successful economic and political...
  • Fact Sheet

Asylum Essentials:The U.S. Asylum Program Needs More Resources, Not Restrictions

Publication Date: 
February 1, 2005
The efficiency of the asylum program depends in large part on a fully staffed and adequately funded Asylum Corps that evaluates asylum claims thoroughly and expeditiously.
  • Research and Analysis

Ending Slavery in the 21st Century: Federal Anti-Trafficking Programs Have Far to Go

Publication Date: 
June 1, 2004
Although the federal government has made significant progress over the past three years in fighting human trafficking, more is needed to end this 21st century slave trade.
  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse

February 27, 2023

The New York Times has published a horrifying investigation into the exploitation of children who migrated to the United States as unaccompanied minors. The investigation by Hannah Dreier finds...

  • Blog

How To Seek Asylum (Under Biden’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps

February 22, 2023

The Biden administration recently announced a proposed regulation that would all but eliminate access to asylum for the overwhelming number of asylum seekers who come to the United States via the...

  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • Blog

Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System

February 8, 2023

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging...

  • Blog

Title 42’s End May Be in Sight. Good Riddance.

December 21, 2022

More than two and a half years after it began, the “public health” policy known as Title 42 may finally be nearing an end. On Monday, a coalition of GOP-led states submitted a last-ditch request...

  • Blog

TPS Extension Offers Only a Temporary Fix

December 8, 2022

U.S. Citizenship and Immigration Services (USCIS) announced the extension of Temporary Protected Status (TPS) for citizens of El Salvador, Nicaragua, Honduras, Nepal, Haiti, and Sudan in November...

  • Blog

The Biden Administration Cracks Down on Venezuelan Migrants — What You Need to Know

October 18, 2022

Faced with rising numbers of Venezuelans coming to the border and seeking asylum, the Biden administration has initiated what could be its most extensive crackdown on migrants since taking office...

  • Blog

The Condition of the Refugee Resettlement Program in 2023

October 13, 2022

The Biden administration announced on September 27 that the cap on refugee admissions for Fiscal Year (FY) 2023 would be 125,000—the same as the cap for FY 2022. However, given the current state...

  • Press Release

Lawsuit Demands Information on the Expansion of CBP’s Role in the Screening of Asylum Seekers

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.
  • Press Release

Increase in Border Prosecutions Will Separate More Families

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.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

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.
  • Press Release

Statement on Executive Order on Refugees and Muslim Admissions

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.
  • Press Release

Federal Court Grants Nationwide Class Status in Suit to Protect Asylum Seekers

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.
  • Press Release

Developments with Respect to the One-Year Deadline for Filing Asylum Applications

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.
  • Press Release

Release of Refugee Families is Long-Overdue Step

July 20, 2016

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council welcome plans announced by Immigration and Customs Enforcement (ICE) for the release

  • Press Release

Asylum Seekers File Class Action Lawsuit Against DHS

July 1, 2016
The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period.
  • Press Release

Eight of Twelve Families Targeted by ICE Have Been Released

February 8, 2016

Washington D.C. – After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight of the families

  • Press Release

CARA: 33 Mothers and Children Protected from Immediate Deportation

January 13, 2016

Washington D.C. – In the last week, 121 mothers and children were brought to the South Texas Residential Family Center in Dilley, Texas, after being rounded up by Immigration and Customs Enf

  • 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...

  • Press Release

More than 100 Business Organizations Sign Onto Council Letter Urging Congress to Reduce the Waiting Period for Asylum Seekers to Obtain Work Permits

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.
  • 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...

  • Practice Advisories

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

Publication Date: 
October 20, 2023
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.
  • Press Release

Immigrant Rights Groups Sue for Information on Asylum Turnbacks

October 18, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
  • Press Release

Court Hears Challenge to Asylum Turnback

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.
  • 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.
  • Letters

American Immigration Council leads coalition letter to DHS requesting transparency into Family Expedited Removal Program

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...

  • 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...

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