From Beth Werlin, American Immigration Council <[email protected]>
Subject Facts in action RE: Immigration explained: The difference between Asylum and Withholding of Removal
Date November 23, 2020 2:01 PM
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John—
The Council’s facts just made it to the U.S. Supreme Court.
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“ The Difference Between Asylum and Withholding of Removal [[link removed]] ” was used to make the case that people should have access to bond hearings while their request for humanitarian protection is pending.
Instead, people are often locked in facilities that are known for their inhumane conditions as their request moves through the process.
The fact sheet was cited in three separate amicus briefs by the respondents [[link removed]] , the American Civil Liberties Union, [[link removed]] and the Northwest Immigrant Rights Project and other partners. [[link removed]]
Ensuring the public has the facts on immigration is just one strategy the American Immigration Council uses to shape a fair and just immigration system.
Make a gift today so that the Council’s research is used to shape decisions in courtrooms across the country [[link removed]] .
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Sincerely,
[[link removed]]
Executive Director
John,
People seeking protection who are ineligible for asylum can apply for another form of relief: withholding of removal. [[link removed]]
Immigration policy changes under the Trump administration have forced some people to apply for withholding of removal instead of asylum—despite the fact that withholding is harder to win and provides fewer benefits.
Download [[link removed]]
The American Immigration Council’s fact sheet [[link removed]] —written in partnership with the National Immigrant Justice Center—explains how the two forms of relief compare.
Here are three facts to know:
*
People
applying
for
withholding
of
removal
are
held
to
a
higher
standard
than
people
seeking
asylum.
There
must
be
a
greater
than
50%
chance
of
persecution,
compare
to
10%
for
asylum.
*
Withholding
of
removal
can
only
be
granted
by
an
immigration
judge
in
an
adversarial
proceeding
in
immigration
court,
rather
than
asylum
which
can
be
granted
by
an
asylum
officer
or
an
immigration
judge.
*
Most
people
placed
in
proceedings
where
they
can
only
apply
for
withholding
are
held
in
Immigration
and
Customs
Enforcement
detention
facilities
while
they
seek
protection
and
are
not
given
the
opportunity
to
ask
a
judge
for
release.
The details of these policy changes are complex but are important to understand.
I hope you find our fact sheets, like this one, a useful resource in our collective fight to protect the most vulnerable.
Sincerely,
[[link removed]]
Beth Werlin
Executive Director
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