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.

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All Humanitarian Protection Content

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.
September 17, 2018
Before admission to the United States, each refugee must undergo an extensive interviewing, screening, and security clearance process. They go on to contribute to our communities and our economy.
August 1, 2018
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.
May 14, 2018
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including...
May 1, 2018
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-...
October 23, 2017
This fact sheet provides information about TPS holders from El Salvador, Honduras, and Haiti.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
February 3, 2017
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.
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...
February 1, 2016
The unprecedented levels of crime and violence that have overwhelmed the Northern Triangle countries in recent years have produced a refugee situation for those directly in the line of fire, making...
February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

December 3, 2018
In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute’s persecutor bar for individuals seeking asylum or withholding of removal
November 6, 2018
The Trump administration proposed new regulations undermining the 1997 Flores settlement agreement. If the proposed regulations are finalized, they would weaken protections for children and place them at greater risk of trauma and mistreatment.
September 18, 2018

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

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

July 31, 2018
The American Immigration Council submitted a written statement to the Senate Committee on the Judiciary for a July 31, 2018 hearing on “Oversight of Immigration Enforcement and Family Reunification Efforts.”
In the year and a half since the FOIA request was filed, CBP largely failed to provide any records in response to the request. On June 11, 2018, the Council, represented by O’Melveny & Myers LLP, filed a lawsuit to compel DHS and CBP to comply with FOIA and to release additional records related to the 2016 request.
December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
September 11, 2017
This practice advisory addresses the TPS recipients who are most likely to benefit from Ramirez and Flores; other general categories of family and employment-based adjustment applicants who benefit from these two decisions; and options that may be available to TPS recipients who do not live within these two circuits.
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.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
March 25, 2019

Over the past few months, a new trend has emerged at the U.S.-Mexico border: more families are crossing and presenting themselves to U.S. officials to ask for asylum. But even though the number of...

March 18, 2019

More than 300,000 Temporary Protected Status (TPS) holders whose status was due to expire in the coming months have new reasons to be hopeful. On the legislative front, Congress proposed a new...

March 13, 2019

In recent weeks, alarming stories have surfaced indicating that thousands more children were forcibly separated from their parents at the southern border than originally thought. In response to...

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

March 8, 2019

A group of drag queens—clad in feathered boas and wigs—gathered at a stretch of the U.S.-Mexico border in Texas last week to protest construction of President Trump’s border wall. Lip-syncing to...

March 7, 2019

In a combative hearing before Congress on Wednesday, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen testified for the first time since Democrats became the majority in the House...

March 4, 2019

Nothing is more delicate or worthy of comprehensive care than a newborn. Yet, over the past several weeks, detention watchdogs and public health experts have noticed an alarming uptick in the...

March 1, 2019

  Contrary to President Trump’s claim that “large-scale unlawful migration” across the southern border constitutes a “national emergency” that requires building a wall, research suggests that...

February 27, 2019

At an oversight hearing on family separation in front of the House Judiciary Committee on Tuesday, government officials from four different agencies dug in against criticisms and denied any...

February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
February 27, 2019
The Southern Poverty Law Center, the Center for Constitutional Rights, and the American Immigration Council filed a motion late last week seeking information regarding possible U.S. government harassment and retaliation against the leadership of the immigrants’ rights organization Al Otro Lado.
February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
December 3, 2018
The American Immigration Council and other immigrant rights organizations filed a legal brief on Friday that explains why President Donald Trump’s designation of Matthew G. Whitaker as acting attorney general is unlawful. As a result, the brief asserts, Whitaker lacks the authority to decide a critical immigration case.
November 21, 2018
The American Immigration Council announced today that it will focus on the critical need for access to an attorney when navigating the immigration system during its #GivingTuesday and year-end fundraising campaign starting November 27.
November 8, 2018
The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
October 16, 2018
In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border
March 25, 2019

Over the past few months, a new trend has emerged at the U.S.-Mexico border: more families are crossing and presenting themselves to U.S. officials to ask for asylum. But even though the number of...

March 18, 2019

More than 300,000 Temporary Protected Status (TPS) holders whose status was due to expire in the coming months have new reasons to be hopeful. On the legislative front, Congress proposed a new...

March 13, 2019

In recent weeks, alarming stories have surfaced indicating that thousands more children were forcibly separated from their parents at the southern border than originally thought. In response to...

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

March 8, 2019

A group of drag queens—clad in feathered boas and wigs—gathered at a stretch of the U.S.-Mexico border in Texas last week to protest construction of President Trump’s border wall. Lip-syncing to...

March 7, 2019

In a combative hearing before Congress on Wednesday, Department of Homeland Security (DHS) Secretary Kirstjen Nielsen testified for the first time since Democrats became the majority in the House...

March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
March 4, 2019

Nothing is more delicate or worthy of comprehensive care than a newborn. Yet, over the past several weeks, detention watchdogs and public health experts have noticed an alarming uptick in the...

March 1, 2019

  Contrary to President Trump’s claim that “large-scale unlawful migration” across the southern border constitutes a “national emergency” that requires building a wall, research suggests that...

February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.

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