Asylum/Refugees
Asylum is a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality,, membership in a particular social group, or political opinion. The right to seek asylum was incorporated into international law following the atrocities of World War II. Congress adopted key provisions of the Refugee Convention (including the international definition of a refugee) into U.S. immigration law when it passed the Refugee Act of 1980.
Cases
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Louisiana v. Garland (LA Asylum Rule) - Court of Appeals
Asylum/Refugees[ARCHIVED - September 2025] This is an appeal of an April 2024 district court decision dismissing the suit brought by 19 states challenging an asylum-related regulation issued by the Department of Homeland Security in March 2022. Prior to issuing that regulation, DHS provided notice of it and...Read more -
Indiana v. Mayorkas (IN Asylum Ban) - District Court
Asylum/Refugees[ARCHIVED - September 2025] Indiana and 17 other states filed this lawsuit in May 2023 to challenge a regulation issued a few weeks earlier by the Biden Administration. The convoluted rule makes non-Mexican asylum seekers at the southern border presumptively ineligible for asylum in the United...Read more -
Texas v. Mayorkas (TX Asylum Rule) - District Court
Asylum/Refugees[ARCHIVED - September 2025] On April 28, 2022, Texas filed this suit to challenge an asylum-related regulation issued by the Department of Homeland Security a month prior. Notice of that proposed regulation had been issued in August 2021, after which the public was invited to comment. Texas claims...Read more -
Arizona v. Garland (AZ Asylum Rule) - District Court
Asylum/Refugees[ARCHIVED - September 2025] This suit is a challenge by 19 states (initially led by Arizona, which later bowed out of the case but is still listed as the “lead” plaintiff in the caption) to an asylum-related regulation issued by the Department of Homeland Security in March 2022. Prior to issuing...Read more -
Texas v. Mayorkas (TX Asylum Ban) - District Court
Asylum/Refugees[ARCHIVED - September 2025] Texas filed this lawsuit in May 2023 to challenge a regulation issued a few weeks earlier by the Biden Administration. The convoluted rule makes non-Mexican asylum seekers at the southern border presumptively ineligible for asylum in the United States, subject to narrow...Read more
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