Asylum

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.

Recent Features

FACT SHEET
A Primer on Expedited Removal

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. 

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All Asylum Content

  • Fact Sheet

Metering and Asylum Turnbacks

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...
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

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...
  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
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.
  • Fact Sheet

The Electronic Nationality Verification Program: An Overview

Publication Date: 
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...
  • 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...
  • 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

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...

  • 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.
  • 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...

  • 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.
  • Litigation

Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application

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.
  • 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

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...

  • 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.
  • 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

Returning to Our Humanitarian Obligations, AG Garland Restores Protections for Many Asylum Seekers

June 16, 2021
Attorney General Merrick Garland announced today that he is restoring a vital lifeline to victims of severe domestic violence, gang violence, and violence on account of family relationships.
  • Press Release

Facts About the Current Situation at the Border

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.
  • FOIA

Council and AILA File FOIA Requests Seeking Information on FERM Program

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.
  • 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.
  • Practice Advisories

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

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.
  • 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...

  • Litigation

Challenging CBP One Turnback Policy

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.
  • FOIA

Council Seeks Records on CBP’s Treatment of Migrants at the U.S.-Mexico Border

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.
  • 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.

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