Deportation proceedings in the United States remain a pressing issue for millions of noncitizens, with increased enforcement actions under the Trump administration reshaping the immigration landscape as of March 24, 2025. According to the Transactional Records Access Clearinghouse (TRAC), the immigration court backlog reached 3.1 million cases by the end of fiscal year (FY) 2024...
When seeking asylum, understanding the relationship between country conditions and asylum claims is critical. Asylum decisions hinge on proving a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group, as outlined in the 1951 UN Refugee Convention. Proving this fear, however, requires more than personal testimony...
In the complex landscape of U.S. immigration law, defensive asylum is an important mechanism for individuals facing deportation to seek protection from persecution in their home countries. Unlike affirmative asylum, which allows individuals not in removal proceedings to proactively apply through U.S. Citizenship and Immigration Services (USCIS), defensive asylum is a legal defense used during...
When individuals flee their home countries due to a well-founded fear of persecution, the United States offers a pathway called “affirmative asylum”. This process allows people already in the U.S. to apply for asylum through the U.S. Citizenship and Immigration Services (USCIS). Under the Refugee Act of 1980, which amended the Immigration and Nationality Act...