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 Resources
Public Comments / Sign-on Letters
Resources
Publication Date
03/27/2023
On March 27, 2023, the ILRC submitted comments on the Biden Administration’s proposed rule that would impose a rebuttable presumption against eligibility for asylum for those who transited through a third country before arriving in the United States. The ILRC detailed concerns with how this rule will essentially ban a large number of asylum-seekers from relief and how the rule impermissibly restricts the due process rights of asylum-seekers at the U.S.-Mexico border.
Practice Advisory
Resources
Publication Date
04/07/2023
This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.
Public Comments / Sign-on Letters
Resources
On February 2, 2023, USCIS announced changes to the Policy Manual guidance on the one-year physical presence requirement for asylee/refugee adjustment. In a comment letter on February 16, 2023, ILRC commended USCIS on the changes. We believe they will increase fair and consistent adjudications for asylees and refugees seeking adjustment.
Practice Advisory
Resources
Publication Date
01/05/2023
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
Practice Advisory
Resources
Publication Date
09/28/2022
This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.
Practice Advisory
Resources
Publication Date
06/29/2022
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decisions by Immigration Judges (IJs) and identifying issues to raise on appeal to the BIA. The goal is to equip practitioners with a framework to look for errors where the IJ has denied relief or otherwise ordered removal.
Practice Advisory
Resources
Publication Date
06/28/2022
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present their case.
FAQs & Explainers
Resources
Publication Date
03/16/2022
Two immigration statuses that may overlap are Asylum and Temporary Protected Status (TPS) because they both help people who are afraid of returning to their home country. While these two are different in a few ways, it is useful to know what each option offers and that applying for both is allowed, so long as an applicant is eligible. This brief guide delves into the ways these two options might intersect and what to keep in mind as individuals consider each type of status.
Practice Advisory
Resources
Publication Date
12/17/2021
This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement bar to eligibility. It also discusses the impact of dual nationality on TPS applicants.
Practice Advisory
Resources
Publication Date
12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
Public Comments / Sign-on Letters
Resources
Publication Date
10/19/2021
On October 19, 2021, the ILRC submitted comments raising concerns about USCIS’ proposed regulation changing the procedures for credible fear screenings and asylum. While the proposed regulation contains some provisions that would improve the current system, it also poses a significant risk to asylum seekers’ right to a full, fair and consistent hearing of their claims.
Related Products
Webinar
Webinar
In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-, 27 I&N 509 (AG 2019) on asylum seekers. We will also discuss who may seek bond before the immigration judge and strategies for the bond hearing. This webinar will leave advocates armed with tips and best practices when representing asylum seekers requesting release from detention.
Webinar
Webinar
Level: Beginner / Intermediate
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
Publication
Publication
Essentials of Asylum Law provides an overview of asylum law for advocates new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards. This edition addresses the whirlwind of new policies impacting the asylum process under the Trump administration while highlighting active legal challenges to these attempts to limit the asylum process.
Webinar
Webinar
The presenters will describe the current status of court injunctions impacting USCIS’s efforts to change the fee schedule and fee waiver standards in 2020. The webinar will review the current regulations that USCIS must apply on fee waivers and fees.
Webinar
Webinar
This webinar is intended for practitioners already familiar with asylum law. It will discuss the current landscape of asylum law in the wake of the sustained attacks on the right to asylum over the last few years. It will also explore recent policy changes as a result of the new administration.
Webinar