When asylum seekers enter the US, they face an overwhelming degree of uncertainty. After crossing the Southern border and encountering border patrol or immigration officials, most are served with a charging document and scheduled for a master calendar hearing in immigration court where they can begin the process of applying for asylum.
However, due to significant backlogs in the immigration court system— exceeding three million pending cases in 2023—these hearings often can be scheduled months, or even a year or more, in the future. During this waiting period, it’s common for asylum seekers to move to another city. This can be for many reasons, including housing and economic opportunities or being near an existing family and friends. Where asylum seekers later choose to live is usually not the same city or town where they first entered the country.
If they have relocated, asylum seekers can file a Motion to Change Venue so they can attend their hearings at the closest court. Given that different cities have varying track records in processing asylum cases, many people don’t realize that their choice of where to live could significantly impact the outcome of their asylum case.
This article examines court statistics reflecting the 5 most and least asylum-friendly US cities to help asylum seekers make an informed choice about where to live.
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The top five Asylum-friendly US cities
Certain US cities offer a combination of legal support, community resources, and cultural diversity that can make the challenging asylum process more manageable. They also tend to be self-declared sanctuary cities, which limit local law enforcement’s cooperation with federal immigration authorities. These local policies provide a level of protection and security for asylum seekers.
Here are the five cities that statistically and culturally rank as the most friendly for asylum seekers based on factors such as asylum approval rates, available services, and community support.
1) New York, NY
New York City consistently ranks as one of the most welcoming cities for immigrants, including asylum seekers. The city’s courts have a high approval rate for asylum cases— 104,606 out of 157,225 cases were approved in 2023— reflecting its long history as a sanctuary city and robust immigrant support networks.
With over 3 million foreign-born residents from various countries, New York offers asylum seekers the opportunity to connect with established immigrant communities for support and cultural familiarity. Additionally, the diverse economy of New York City offers a wide range of employment options for asylum seekers once they obtain work authorization.
New York also is home to numerous non-profit organizations and pro bono legal services dedicated to assisting asylum seekers, such as the New York Legal Assistance Group, and Legal Services NYC.
2) San Francisco, CA
San Francisco is known for its progressive stance on immigration and its strong legal advocacy community. The city’s asylum courts have a relatively high approval rate—36,758 out of 62,730 of cases were approved in 2023— making it a favorable location for those seeking refuge in the US. With a foreign-born population of about 34%, San Francisco offers a welcoming environment for newcomers from various backgrounds.
The city also has numerous advocacy groups and nonprofits dedicated to supporting immigrant rights, providing healthcare access to uninsured immigrants, and providing services to asylum seekers.
3) Los Angeles, CA
Los Angeles, the second-largest city in the US, is a key destination for immigrants and asylum seekers and offers a vast array of resources, including legal aid and community support. The city’s courts also have a high approval rate—25,382 out of 56,645 cases in 2023—making it a favorable city for asylum seekers to settle.
With over 35% of its population foreign-born, Los Angeles provides a welcoming environment where asylum seekers can find communities that share their language and cultural background. The city also provides services in multiple languages, which makes it easier for non-English speaking asylum seekers to access vital information and resources.
Los Angeles is also home to numerous nonprofit organizations that provide support services specifically for asylum seekers and refugees, such as the Esperanza Immigrant Rights Project.
4) Boston, MA
Boston has a robust immigrant community and a legal system that is generally favorable to asylum seekers. The city’s immigration courts have a high approval rate—10,176 out of 22,560 cases in 2023—reflecting its commitment to providing fair hearings for those seeking protection. Overall, the city’s progressive policies and strong support networks make it an attractive destination for those seeking refuge.
Boston boasts a robust network of legal aid organizations specializing in immigration and asylum cases. Notable examples include the Political Asylum/Immigration Representation (PAIR) Project. The city also offers excellent educational opportunities. Many institutions have programs or legal clinics specifically designed to assist immigrants and asylum seekers.
5) Seattle, WA
Seattle, known for its progressive policies and thriving tech industry, has become increasingly welcoming to asylum seekers, with 5168 cases approved out of 16,578 in 2023. The city’s strong support networks make it a welcoming place for asylum seekers. Policies and facilities are in place to support immigrants and refugees, including the New Citizen Program and the Ready to Work program, which helps immigrants gain English language skills and job readiness.
Non-profit organizations such as the Northwest Immigrant Rights Project (NWIRP) have legal representation programs dedicated to fighting for the rights of immigrants and asylum-seekers.
The five least Asylum-friendly US cities
While there are many opportunities for asylum seekers throughout the US, the reality is that some cities present more challenges than others. It’s important for asylum seekers to be aware that their location within the US can impact their asylum process and overall experience.
The following five cities have been identified as least welcoming to asylum seekers based on a combination of factors, specifically including lower asylum approval rates in local immigration courts, a limited availability of legal resources and pro bono services for asylum seekers, and local policies that may be less accommodating to immigrants.
1) Atlanta, GA
The Atlanta immigration court is notoriously tough on asylum seekers, with one of the lowest approval rates in the country. The immigration court judges have a reputation for being particularly strict, making it difficult for asylum seekers to win their cases—in 2023, 733 out of 852 asylum cases were denied.
While Atlanta has a strong economy, asylum seekers may also face difficulties in finding employment due to stricter enforcement of work authorization requirements. Atlanta’s location may also make it harder for asylum seekers to connect with established immigrant communities from their home countries.
2) Houston, TX
Despite its large immigrant population, Houston’s immigration court has a low approval rate—2,024 out of 2,550 cases were denied in 2023. Moreover, Houston’s location within the jurisdiction of the conservative Fifth Circuit Court of Appeals means that the scale is tipped against asylum-seekers. This factor together with the immigration court’s conservative stance on immigration relief overall results in tougher scrutiny of asylum cases and far fewer grants of asylum.
The city’s restrictive policies on public benefits also can make accessing healthcare and other essential services challenging.
3) Charlotte, NC
Charlotte has a low approval rate for asylum cases, making it difficult for asylum seekers to succeed in Charlotte’s immigration court. The immigration court is known for being enforcement oriented and expressing skepticism towards asylum claims—4,071 out of 4,981 cases were denied in 2023.
Charlotte also has fewer established nonprofit organizations dedicated to supporting asylum seekers than larger cities. While Charlotte has a strong economy, income inequality is high, making it challenging for asylum seekers to establish themselves financially.
4) Dallas, TX
Like Houston, Dallas has a relatively low approval rate for asylum cases—3,858 out of 5,358 cases were denied in 2023. The immigration court is known for judges who impose stringent requirements which can make it difficult for asylum seekers.
Dallas also has fewer free or low-cost legal services specializing in asylum cases than other cities with larger immigrant populations.
5) Las Vegas, NV
Las Vegas also has a notoriously low approval rate for asylum cases: 2,649 out of 4,541 cases were denied in 2023. The courts are less likely to grant asylum, making it a challenging environment for those seeking refuge. Las Vegas is also known for its housing shortages, rising costs, and unstable economy that is heavily dependent on tourism. These factors can make it difficult for asylum seekers to find consistent employment and affordable housing.
Understanding the motion to change venue
Asylum seekers who settle in a different city from the one in which their original master calendar hearing is scheduled, may need to travel back to that location to attend their hearing unless they are able to have their case transferred to an immigration court in their new local area. This is where the motion to change venue comes into play.
A motion to change venue is a formal request to move an asylum case from one immigration court to another. If granted, it saves the asylum-seeker the time and money that otherwise would be spent returning to their original location.
Approval of a motion to change venue is not automatic. There must be sufficient justification for the request, such as evidence of a new residence and the potential hardship of attending hearings in the original location. Properly filing this motion can be critical in ensuring that an asylum seeker’s case is heard in a more convenient and potentially more favorable court.
Access 61 can help asylum seekers change venue
Deciding where to live while awaiting your asylum hearing is a crucial choice that could significantly impact the outcome of your case. Understanding the track record of local asylum courts and the reputation of the local community can help guide this decision.
At Access61, we offer limited-scope legal representation for asylum seekers, including filing a motion to change venue to help you attend your asylum hearings where you live. Many of our clients have successfully changed their hearing venues. The consulting attorney will discuss all the legal considerations of the motion to change venue and help you decide how to proceed. The team will then prepare the documents and file them on your behalf.
If you are an asylum seeker facing challenges with your scheduled court hearings due to relocation, Access61 is here to help.
Contact us today for assistance with filing a motion to change venue, or any other aspects of your asylum case!
frequently Asked Questions About EOIR Limited Appearance Representation
What does “limited appearance” mean?
“Limited appearance” is when an attorney represents a client for a specific part or proceeding of a legal case, instead of the entire case. This allows clients to get legal help for specific needs without full engagement, often saving costs.
What is included in appearance?
Appearance includes an attorney’s physical presence in court, filing of legal documents, and motions, and participation in negotiations, hearings, and other related legal proceedings on behalf of a client.
Does appearance make a difference in court?
Yes, having an attorney present in court ensures that a client’s rights are protected, their case is effectively presented, and they are guided through legal procedures, which can influence the case outcome significantly.
Can an EOIR-60 or EOIR-61 be filed in any case?
No, EOIR-60 and EOIR-61 forms are specific to cases handled by the Executive Office for Immigration Review (EOIR) and are related to immigration court proceedings. They are not applicable in other legal cases.
Who is required to complete an EOIR-60 or EOIR-61?
An EOIR-60 or EOIR-61 must be completed by attorneys or accredited representatives who wish to enter an appearance in immigration court formally or before the Board of Immigration Appeals on behalf of a client. The forms notify the court and the opposing party of the legal representation.