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

  • Special Report

Beyond A Border Solution

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.
  • Fact Sheet

The Use of Parole Under Immigration Law

Last modified: 
January 10, 2023
Publication Date: 
July 18, 2022
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
  • Fact Sheet

Temporary Protected Status: An Overview

Last modified: 
December 23, 2022
Publication Date: 
June 29, 2022
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.
  • Research and Analysis

Alternatives to Immigration Detention: An Overview

Publication Date: 
March 17, 2022
This new 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...
  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Fact Sheet

Ukrainians in the United States Who May Qualify for Temporary Protected Status: An Overview

Publication Date: 
March 3, 2022
This fact sheet provides a demographic overview of the population of Ukrainians in the United States who may qualify for TPS, and what benefits TPS would confer upon those individuals.
  • Fact Sheet

The “Migrant Protection Protocols”

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...
  • Fact Sheet

Prosecuting People for Coming to the United States

Publication Date: 
August 23, 2021
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-...
  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Research and Analysis

Letter Urging Attorney General Merrick Garland to Vacate Matter of A-B, Matter of L-E-A, and Matter of A-C-A-A

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...

  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

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.
  • FOIA Litigation

Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals

This Freedom of Information Act (FOIA) suit seeks to compel U.S. Citizenship and Immigration Services (USCIS) to disclose information about the massive delays in processing of applications for humanitarian parole filed for Afghan nationals who have not been able to travel to the United States.
  • FOIA

Agency Failures Make Obtaining Humanitarian Parole Almost Impossible for Afghans

Records show how the USCIS’s response to the high volume of humanitarian parole applications contributed to the massive delays faced by Afghans.
  • FOIA

Investigating USCIS’ Implementation of Humanitarian Parole and Refugee Processing for Afghan Nationals

This Freedom of Information Act (FOIA) request seeks to uncover information about how the humanitarian parole process and refugee program is working with respect to Afghan nationals.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • Amicus Briefs

Council and Partners Urge Supreme Court to Stop Texas Court from Reinstatement of the Migrant Protection Protocols

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.
  • 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....

  • Practice Advisories

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

Last modified: 
March 24, 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.
  • Practice Advisories

Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case

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.
  • Practice Advisories

Screening Potential DACA Requestors for Other Forms of Relief

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.
  • Practice Advisories

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

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.
  • Practice Advisories

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

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).
  • Practice Advisories

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

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.
  • Blog

Congress Introduces Sweeping Immigration Reform Bill ‘DIGNIDAD Act’ to Address Systematic Challenges

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...

  • Blog

Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

  • Blog

Finding a Pro Bono Immigration Attorney Is Harder Than Ever

May 19, 2023

If you are an asylum seeker in the United States who cannot afford an attorney, your chance of finding pro bono assistance is now slimmer than ever. As the number of cases in immigration court has...

  • 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...

  • 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...

  • Blog

Biden’s Reviving Phone-Booth Asylum. Here’s Why It Was a Disaster

April 10, 2023

The Biden administration is yet again turning to the Trump playbook as it tries to slap together a border crackdown to succeed the end of the Title 42 “public health” order next month. The latest...

  • Blog

A Groundswell of Opposition to Biden’s Asylum Transit Ban

April 6, 2023

The public has spoken: an asylum transit ban was bad policy during the Trump era, and it’s bad policy now. On February 21, the Biden administration released a Notice of Proposed Rulemaking laying...

  • Blog

Deadly Detention Center Fire Is a Reminder: Both the US and Mexico Are Failing Migrants

March 29, 2023

On Monday night, 39 migrants died, and another 27 were seriously injured, in a fire in a Mexican detention center in Ciudad Juarez. The migrants—most of them from Guatemala, El Salvador, Honduras...

  • Blog

US and Canada Expand Safe Third Country Agreement in Another Move to Limit Asylum

March 29, 2023

The United States and Canada announced the expansion of their Safe Third Country Agreement (STCA) last week during President Biden’s visit to Canada. Under U.S. law, a so-called “Safe Third...

  • Blog

Ukrainians Get a Temporary Reprieve Instead of a Permanent Fix

March 15, 2023

The Biden administration announced on Monday that it would grant another year of temporary legal status for some Ukrainians who fled the Russian invasion for the United States before April 25,...

  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

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.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Press Release

Advocates Release FOIA Data, Seek Transparency for Thousands of Afghans Seeking Humanitarian Parole and the Extensive Delays They Are Facing

March 16, 2023
The American Immigration Council and International Refugee Assistance Project released government records documenting the extensive delays experienced by thousands of Afghans who filed for humanitarian parole since the United States’ chaotic military withdrawal from Afghanistan in August 2021.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New 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.
  • 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 13, 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.
  • Letters

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

Last modified: 
May 10, 2023
Publication Date: 
May 8, 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...
  • Special Report

Beyond A Border Solution

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.
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

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.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Practice Advisories

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

Last modified: 
March 24, 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.
  • Press Release

Advocates Release FOIA Data, Seek Transparency for Thousands of Afghans Seeking Humanitarian Parole and the Extensive Delays They Are Facing

March 16, 2023
The American Immigration Council and International Refugee Assistance Project released government records documenting the extensive delays experienced by thousands of Afghans who filed for humanitarian parole since the United States’ chaotic military withdrawal from Afghanistan in August 2021.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New 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.
  • 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.
  • Fact Sheet

The Use of Parole Under Immigration Law

Last modified: 
January 10, 2023
Publication Date: 
July 18, 2022
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
  • Fact Sheet

Temporary Protected Status: An Overview

Last modified: 
December 23, 2022
Publication Date: 
June 29, 2022
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.

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