Humanitarian Protection

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

Recent Features

  • Special Report

A Guide to Children Arriving at the Border: Laws, Policies and Responses

This Guide provides information about the tens of thousands of children—some travelling with their parents and others alone—who have fled their homes in Central America and arrived at our southern border.

  • Special Report

Understanding the Central American Refugee Crisis

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 no amount of danger or chance of deportation sufficient to dissuade those victims from leaving.

All Humanitarian Protection Content

  • Fact Sheet

Workers with Temporary Protected Status in Key Industries and States

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.
  • Fact Sheet

An Overview of U.S. Refugee Law and Policy

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.
  • Fact Sheet

Temporary Protected Status: An Overview

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.
  • Fact Sheet

Asylum in the United States

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...
  • Fact Sheet

Prosecuting Migrants for Coming to the United States

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-...
  • Fact Sheet

Temporary Protected Status in the United States

October 23, 2017
This fact sheet provides information about TPS holders from El Salvador, Honduras, and Haiti.
  • Special Report

The Perils of Expedited Removal

May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
  • Fact Sheet

A Primer on Expedited Removal

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.
  • Special Report

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

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

Understanding the Central American Refugee Crisis

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...
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

  • Advocacy

Complaint Urges Immediate Release of Infants from Immigration Detention

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.
  • Litigation

Separated Family Members Seek Monetary Damages from United States

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.
  • Advocacy

Comments Opposing Proposed Regulation Barring Asylum to Those Entering Between US Ports of Entry

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...

  • Amicus Briefs

Matter of Negusie

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
  • Advocacy

Regulatory Comments Opposing the Indefinite Detention of Children

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.
  • 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...

  • Advocacy

The Illegal and Systematic Practice of Coercing Separated Families Must Be Investigated

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...

  • Litigation

Challenging Credible Fear Interview and Bond Hearing Delays

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.
  • Litigation & Advocacy

Statement for Senate Committee on the Judiciary Hearing “Oversight of Immigration Enforcement and Family Reunification Efforts.”

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.”
  • Practice Advisories

USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear

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.
  • Practice Advisories

Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents

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.
  • Practice Advisories

Screening Potential DACA Requestors for Other Forms of Relief

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

Expedited Removal: What Has Changed Since Executive Order No. 13767, Border Security And Immigration Enforcement Improvements

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...

  • Practice Advisories

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

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

Prosecutorial Discretion: How to Advocate for Your Client

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.
  • Practice Advisories

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

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

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

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

  • Blog

Trump Threatens to Close the Border After Cutting Aid to Central American Countries

April 2, 2019

President Trump has threatened to close the U.S.-Mexico border—again. As families continued to arrive at the border in March—typically the busiest month for border crossings—Trump declared he...

  • Blog

Liberia’s DED Status Is Extended for Another Year

March 28, 2019

The White House announced Thursday afternoon that it will extend Deferred Enforced Departure (DED) protections for Liberians living in the United States. DED will be extended through March 30,...

  • Blog

The Pentagon Is Transferring $1 Billion to Trump’s Border Wall at the Expense of Military Readiness

March 26, 2019

In an ongoing battle over President Trump’s border wall, the Pentagon is authorizing the transfer of $1 billion from planned military readiness projects to build fencing along the U.S.-Mexico...

  • Blog

Making Sense of the Rising Number of Families Arriving at the 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...

  • Blog

An Update on TPS: A Promising New Bill, More Lawsuits, and an Uncertain Future

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...

  • Blog

Federal Judge Rules Government Must Reunite Thousands More Separated Families

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...

  • Blog

Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

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...

  • Blog

America’s Asylum System Must Ensure the Protection of LGBTQ People

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...

  • Press Release

Federal Court Orders Timely Bond Hearings and Legal Protections for Asylum Seekers

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
  • Press Release

Complaint Brings Injustice in El Paso Immigration Court to Light

April 3, 2019
The complaint demands an immediate investigation into systemic due process concerns at the El Paso Service Processing Center (SPC) immigration court in El Paso, Texas.
  • Press Release

Federal Court Certifies Two Nationwide Classes Challenging Delays in Detained Asylum Seekers’ Cases

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.
  • Press Release

Court Filing Seeks Information Regarding Retaliation Against Immigrants’ Rights Attorneys at Southern Border

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.
  • Press Release

Parents Ripped Apart from Their Children by Family Separation Policy File Claims Against Trump Administration

February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
  • Press Release

Trump Administration’s Dangerous Policy Forces Asylum Seekers to Remain in Mexico

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.
  • Press Release

Trump Administration Plan to Keep Asylum Seekers in Mexico is the Invisible Wall that Puts Lives at Risk

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.
  • Press Release

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays

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.
  • Press Release

Acting AG Matthew G. Whitaker Lacks Authority to Decide Immigration Case, Say Immigration Groups

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.
  • Press Release

No One Should Face the Immigration System Alone: The American Immigration Council Highlights the Critical Need for Access to an Attorney for #GivingTuesday Campaign

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.
  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

  • Press Release

Federal Court Orders Timely Bond Hearings and Legal Protections for Asylum Seekers

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

  • Press Release

Complaint Brings Injustice in El Paso Immigration Court to Light

April 3, 2019
The complaint demands an immediate investigation into systemic due process concerns at the El Paso Service Processing Center (SPC) immigration court in El Paso, Texas.
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

  • Blog

Trump Threatens to Close the Border After Cutting Aid to Central American Countries

April 2, 2019

President Trump has threatened to close the U.S.-Mexico border—again. As families continued to arrive at the border in March—typically the busiest month for border crossings—Trump declared he...

  • Blog

Liberia’s DED Status Is Extended for Another Year

March 28, 2019

The White House announced Thursday afternoon that it will extend Deferred Enforced Departure (DED) protections for Liberians living in the United States. DED will be extended through March 30,...

  • Blog

The Pentagon Is Transferring $1 Billion to Trump’s Border Wall at the Expense of Military Readiness

March 26, 2019

In an ongoing battle over President Trump’s border wall, the Pentagon is authorizing the transfer of $1 billion from planned military readiness projects to build fencing along the U.S.-Mexico...

  • Blog

Making Sense of the Rising Number of Families Arriving at the 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...

  • Blog

An Update on TPS: A Promising New Bill, More Lawsuits, and an Uncertain Future

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...

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