Asylum
Asylum grants legal protection to foreign nationals already in the U.S. or arriving at the border who can’t go back to their home country because of persecution. Learn more about the asylum system in the United States, including how asylum is defined, eligibility requirements, and the difficult and complex application process.
Asylum in the United States
- Asylum
- May 9, 2025
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of…
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Judge Stands Up for Refugee Families, Castigates Government for Policies That Traumatize Children
Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcomed a ruling by U.S. District Judge Dolly Gee that should signal the end of the mass incarceration of children and mothers seeking asylum in the U.S. “After months of negotiations between the plaintiffs and the… Read More
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog
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. Read More
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
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). Read More
Return to the United States After Prevailing on a Petition for Review or Motion to Reopen
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. Read More
Screening Potential DACA Requestors for Other Forms of Relief
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits. Read More
DHS and Immigration Courts Sued Over One-Year Asylum Deadline
Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who misses this deadline becomes ineligible for asylum. Even though the clock is ticking for these asylum seekers, DHS agents and officers… Read More
Number of Refugees and Internally Displaced Now at an All-Time High
This year, World Refugee Day marks a grim historical milestone: The number of people fleeing their homes to escape war and persecution is now higher than it has ever been since the United Nations High Commissioner for Refugees (UNHCR) began keeping records in the 1950s. In the 2015… Read More
Public Radio Report Mischaracterizes U.S. Asylum Process
Media outlets are reporting on the uptick in the number of individuals crossing the southern border into the U.S. This trend is not surprising given the ongoing violence in Central America. The conditions in the region are not significantly improving by any measure, and as a result people continue to flee while the Administration’s refugee “deterrence policy” fails to deter many. Read More
How the Asylum and Immigration Court Backlogs Reached an All-Time High
The current backlogs in the immigration court and asylum systems have long been a problem and the government offices tasked with bringing the backlog down still have much to do. As detailed in the Human Rights First report In the Balance: Backlogs Delay Protection in the U.S. Asylum… Read More
Deterrence Strategy Targeting Central American Asylum Seekers Comes at a High Human Cost
The Obama Administration has recently announced plans to double down on its strategy of rounding up and deporting Central American asylum seekers to some of the most dangerous countries in the world. This is part of the Administration’s deterrence strategy, which is specifically designed to curtail the flow of… Read More
America's story is an immigrant story.
