Asylum

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Asylum
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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.

Requesting Bond and Parole for Asylum Seekers

Asylum
Detention
Enforcement

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-...

Withholding of Removal and CAT

Asylum
Removal Defense

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...

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.

Asylum

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

Practice Advisory
Resources
Publication Date
07/01/2025
In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.
Toolkit & Reports
Resources
Publication Date
06/27/2025
This tool offers a template that practitioners can use to help identify possible asylum eligibility. The screening questions are intended to elicit information about the basis of an asylum claim, identify possible bars and challenges, and flag areas where further follow-up may be needed. Accompanying the screening tool are some notes to help guide practitioners in assessing relief and spotting potential issues.
Practice Advisory
Resources
Publication Date
04/17/2025
The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction has changed. This practice advisory provides an overview of the current state of UC asylum jurisdiction following the Matter of M-A-C-O- decision and the outcome of the JOP v. DHS litigation. It also offers some arguments and practical tips to help practitioners advocate for their UC clients to receive the statutory protections afforded by the TVPRA, as well as the benefits from the JOP v. DHS litigation.
FAQs & Explainers
Resources
Publication Date
04/11/2025
The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.
FAQs & Explainers
Resources
Publication Date
02/18/2025
In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.
FAQs & Explainers
Resources
Publication Date
01/10/2025
When the first Trump administration took office in 2017, it immediately adopted restrictive policies on asylum, making it more difficult for asylum seekers to win their cases. Trump returning to office in January 2025 raises fears that asylum-seekers will once again be a focus of the administration’s anti-immigrant policies. Although the new administration will likely enact policies that are harmful to asylum seekers, certain changes would require Congressional action. Moreover, executive actions on asylum could be challenged in court. This alert explores what a second Trump term could mean for asylum seekers and what the administration can, and cannot, change on its own.

Asylum-old

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.

A Guide for Immigration Advocates

Asylum
Citizenship and Naturalization
Crimes
Family-Based
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA

A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique...

Hot Topics in Asylum Law

Asylum

Level: Intermediate / AdvancedThis webinar is intended for practitioners already familiar with asylum law and will focus on the most recent developments in asylum practice. The current landscape of asylum law has been complicated by ongoing...