Asylum Law | ILRC

Many people come to the United States seeking protection because they have suffered persecution or fear that they will be harmed if they return to their home country. Asylum is a form of protection our government may grant to someone fleeing their country because they fear they will be harmed based on their race, religion, nationality, political opinion, or membership in a particular social group. This area of immigration law is very complicated but is essential to those fleeing their countries in search of safety.

The Immigrant Legal Resource Center (ILRC) builds the capacity of immigration advocates to assist immigrants in their claims for asylum in order to provide more immigrants with a meaningful chance at justice. As experts in the field, the ILRC publishes The Essentials of Asylum Law, a manual which provides a thorough review of asylum law with practice tips. In addition, the ILRC hosts several webinars on asylum law and emerging issues. We also support practitioners in their specific cases through our Attorney of the Day (AOD) technical assistance service.

Latest in Asylum

Public Charge as a Ground of Deportability

06/11/2019

Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings. In May 2019, Reuters...

Fee Waiver Template Comment

05/06/2019

On April 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed change to fee waiver eligibility and process. The April 5 notice announces USCIS’ intention to proceed with a plan, previously published on September 28, 2018 , to eliminate receipt of means-tested public benefits as a way to demonstrate inability to pay certain...

Practice Alert: Upcoming Elimination of Means-Tested Benefits as Basis for Fee Waiver Requests

04/22/2019

On April 5, 2019, DHS announced it intends to proceed with proposed changes to the fee waiver process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. This practice alert provides a brief overview of some of the main changes practitioners can expect with the rule change. We do not know exactly when the revised Form I-912 and fee waiver...

Representing Clients at the Master Calendar Hearing: How to Prepare for an Initial Hearing, with Quick-Reference Checklist

12/21/2018

The master calendar hearing is the first hearing in removal proceedings before an immigration judge of the Executive Office for Immigration Review, during which serious substantive decisions can be made in an immigrant’s removal case. Advocates must be well prepared and have a clear case strategy in mind prior to the master calendar hearing, as well as a detailed plan for how to advocate during...

Matter of A-B- Considerations

09/27/2018

In June 2018, the U.S. Attorney General issued Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018), which threatens the viability of asylum claims by domestic violence survivors and others who have faced persecution by private actors. In addition to the harmful legal rhetoric in the decision about the nature of domestic violence, Matter of A-B- also highlights the Trump administration’s broad and...