Simone Lawson
Asylum seekers in the US face a difficult and complex process that involves multiple government agencies. They are often subjected to lengthy waits, traumatic repercussions, and grueling journeys. Despite these challenges, asylum seekers are entitled to certain protections and legal rights under the US Constitution. The right to seek asylum, or safety from persecution, in another country is a fundamental human right enshrined in the Universal Declaration of Human Rights and the Refugee Convention. In the US, asylum seekers must be granted a hearing and have the right to due process in an immigration court. This right to due process, however, has been challenged by the Trump administration's zero-tolerance immigration policy and the recent surge in family separations at the border. With the current backlog in asylum claims, there is a growing need to improve the speed and fairness of the asylum system.
| Characteristics | Values |
|---|---|
| Right to due process | Asylum seekers have the right to due process in an immigration court, which decides whether a person has a legal claim to remain in the U.S. |
| Right to family integrity | Children have the right to education and to be with their family. |
| Right to seek asylum | Asylum seekers have the right to seek asylum at the border, but they must navigate a difficult, complex, and lengthy process involving multiple government agencies. |
| Right to work | Asylum seekers can apply for work permits after 180 days, and contribute to the U.S. economy. |
| Right to protection | Asylum seekers are protected from deportation and persecution. |
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What You'll Learn
Asylum seekers' right to due process
Asylum seekers in the US have the right to due process, which is a constitutionally-protected right. This means that they have a right to a court hearing, to an attorney, and to present their case before an immigration judge.
The right to seek asylum, or safety from persecution, in another country was established in the aftermath of World War II and the Holocaust. Dozens of nations committed to never again turn away people in need of protection. This right was enshrined in the 1948 Universal Declaration of Human Rights and the 1951 Refugee Convention and its 1967 Protocol.
The US Constitution applies to asylum seekers, as it uses the term "people" or "person" rather than "citizen" in many parts, and according to Yale Law School professor Cristina Rodriguez, these laws apply to everyone physically present in the US, regardless of citizenship. Asylum seekers must be granted a hearing, even under the expedited removal process, which allows for the immediate deportation of immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border.
However, seeking asylum in the US is a difficult and complex process that can involve multiple government agencies and lengthy backlogs. Asylum seekers face many obstacles, including traumatic repercussions from detention or their journey to the US, and systemic barriers that make it challenging to meet the one-year deadline for filing their application. Those who lose their cases and appeals are deported.
The current system has resulted in a backlog that forces asylum seekers to wait five to seven years for their cases to be heard. This has led to calls for a more humane and orderly asylum system that respects the right to due process while also allowing asylum seekers to work and support themselves and their families.
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The complex process of seeking asylum
The process of seeking asylum is a difficult and complex one, with asylum seekers facing many obstacles. The right to seek asylum, or safety from persecution, in another country was established in the aftermath of World War II and the Holocaust. It is enshrined in the Universal Declaration of Human Rights and the Refugee Convention of 1951 and its 1967 Protocol. The 1951 Convention and 1967 Protocol define a refugee as someone who is unable or unwilling to return to their home country and cannot obtain protection there due to past or feared future persecution based on race, religion, nationality, social group membership, or political opinion.
In the United States, asylum seekers must navigate a process involving multiple government agencies and a one-year deadline for application. They are subject to a criminal background and security check and must prove their well-founded fear of persecution. Those who lose their cases and appeals are deported. The current backlog has resulted in asylum seekers enduring five to seven-year waits for their cases to be heard. This has been exacerbated by policies such as Title 42, which was used as a pretext for expelling asylum seekers during the COVID-19 pandemic, and the 'asylum ban' implemented by President Biden, which bars asylum seekers who passed through another country before reaching the US-Mexico border.
Asylum seekers in the US have the right to due process in an immigration court, which decides whether they have a legal claim to remain in the country. However, the bar for evidence is low, with documents not requiring authentication and hearsay being admissible. Asylum seekers can also face lengthy detention by ICE, even if they have family or friends they could stay with. Despite these challenges, asylum seekers contribute significantly to the US economy and have opened businesses, worked in essential sectors, and advocated for people's rights.
If granted asylum, individuals can apply for their spouse and unmarried children under 21 to join them in the US. They can also petition to work and travel abroad. After one year, they may apply for a Green Card, and eventually, permanent residency and citizenship, provided they meet the requirements.
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Rights of asylum seekers at the US-Mexico border
The rights of asylum seekers at the US-Mexico border have been a topic of much discussion and debate in recent years, with critics arguing that the US government has severely restricted access to asylum. Here is an overview of the situation:
Asylum seekers at the US-Mexico border have certain rights and protections under US and international law. Firstly, seeking asylum is legal, and individuals can seek asylum regardless of their manner of entry. Asylum seekers must be granted a hearing, even under the expedited removal process, and they have the right to due process in an immigration court. This court hearing decides whether the asylum seeker has a legal claim to remain in the US.
The process of seeking asylum can be complex and involves multiple government agencies. Asylum seekers may face obstacles such as lengthy backlogs and traumatic repercussions from their detention or journey, which can make it challenging to meet the one-year deadline for filing their application. Those who miss this deadline may be denied asylum solely on that basis.
Recent Developments and Criticisms:
In recent years, the US government has implemented policies that have restricted access to asylum and made the process more difficult. The Trump administration's "zero-tolerance" immigration policy, which included family separations at the border, drew criticism for its disregard for the rights of asylum seekers. The Migrant Protection Protocols (MPP) or "Remain in Mexico" policy forced asylum seekers to wait in Mexico for their US immigration court cases, often with limited access to legal counsel. This put them at risk of violence, kidnapping, and other crimes.
President Biden's 'asylum ban' in 2023 further undermined the rights of asylum seekers by barring those who passed through another country on their way to the US-Mexico border unless they had previously applied for asylum elsewhere. This policy has been criticized for turning asylum protections into a lottery system, leaving vulnerable people at risk.
Constitutional Rights:
The US Constitution grants certain rights to undocumented immigrants, as it uses the terms "people" or "person" rather than "citizen" in many parts. According to legal experts, these provisions apply to everyone physically on US soil, regardless of citizenship. This includes the right to "family integrity," which, although not explicitly stated in the Constitution, has been established through court rulings.
In conclusion, while asylum seekers at the US-Mexico border do have certain rights, recent policy changes have restricted access to asylum and made the process more challenging. These policies have been criticized by human rights organizations for their negative impact on vulnerable individuals and communities.
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Rights of asylum seekers' families
Asylum seekers have the right to request asylum at the US border without being criminalized, turned back, or separated from their children. This right is derived from the 1951 UN Refugee Convention (and its 1967 Protocol), which the US is a signatory to, and which protects refugees from being returned to countries where they risk persecution. The Universal Declaration of Human Rights (Article 14) also states that everyone has the right to seek and enjoy asylum from persecution in other countries.
The process of seeking asylum in the US can be difficult and complex, often involving multiple government agencies. Asylum seekers must be granted a hearing, and those who are not processed through expedited removal have the right to due process in an immigration court. However, the current backlog in the system has forced asylum seekers to endure five to seven-year-long waits, and asylum seekers may have to wait at least 180 days for a work permit, which can impede their ability to support themselves and their families.
Asylum seekers who are granted asylum in the US (referred to as "asylees") can apply to live in the country permanently and gain a path to citizenship. They are protected from being returned to their home country and can apply for their spouse and children to join them. Asylees may also be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance, and after one year, they may apply for lawful permanent resident status (a green card).
The US government's zero-tolerance immigration policy and the recent surge in family separations at the border have raised concerns about the legal rights of asylum seekers and their families. While the practice of separating families at the border has been ended through an executive order, critics argue that the government's actions were unconstitutional and violated the legal right to "family integrity." The ACLU has sued the government over this issue, and a judge has ruled that the case can proceed, recognizing that immigrants have a right to "familial association" under the Constitution.
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The economic impact of asylum seekers
A groundbreaking study by the US Department of Health and Human Services (HHS) examined the fiscal impact of asylum seekers and refugees in the US over a 15-year period from 2005 to 2019. The study found that this population generated a net positive fiscal impact of $123.8 billion on the US economy and government budgets during this time. The initial costs of resettling refugees and processing asylum seekers are offset over time as they integrate into the economy and contribute more in tax revenue than they cost the government in expenditures.
The American Immigration Council's report, "Starting Anew: The Economic Impact of Refugees in America," further highlights the economic contributions of asylum seekers and refugees. It draws from US census data on nearly 2.4 million refugees, showing that they generated $93.6 billion in household income in 2019, contributing $25 billion in taxes and having $68.6 billion in disposable income to stimulate the economy. Refugees also demonstrate an entrepreneurial spirit, with high rates of business ownership, citizenship attainment, and homeownership. In 2019, refugee entrepreneurs generated $5.1 billion in business income.
The positive economic impact of asylum seekers and refugees extends beyond federal benefits. At the state level, the report identifies over $1 billion in spending power across 17 states, with California and Texas standing out with over $20.7 billion and $5.4 billion, respectively. This spending power revitalizes cities and towns, making refugees an indispensable part of their local communities. The report also notes that refugees who have resided in the country for at least 20 years achieve a median household income of $71,400, surpassing the median income of US households overall.
The reduction in refugee and asylum seeker arrivals can have significant economic consequences. For example, the decrease in US refugee admissions starting in 2017 resulted in an estimated loss of over $9.1 billion per year to the overall US economy and over $2 billion per year to public coffers. Similarly, large reductions in the presence of asylum seekers during the same period carried ongoing costs in the billions of dollars per year. These findings underscore the economic contributions of asylum seekers and refugees, challenging negative assumptions and advocating for informed conversations and policies that recognize their role in driving economic growth and social progress.
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Frequently asked questions
Yes, asylum seekers are entitled to due process under the US Constitution. However, the process is often lengthy and complex, involving multiple government agencies.
Asylum seekers must be in the US or at a port of entry to request asylum. They are then subjected to a criminal background and security check and must prove that they have a well-founded fear of persecution. The process can be difficult and involve multiple government agencies.
Asylum seekers have the right to a hearing and to due process in an immigration court. They are also entitled to certain protections before being officially recognized as refugees. If granted asylum, they may petition to bring their spouse and children to the US and may apply for a Green Card after one year.
Asylum seekers often face lengthy backlogs and wait times of up to several years for their claims to be processed. They may also be unnecessarily detained by ICE in abusive conditions during their case proceedings.
The right to seek asylum is enshrined in the 1948 Universal Declaration of Human Rights and the 1951 Refugee Convention and its 1967 Protocol. These international agreements recognize the right to safety from persecution for individuals fleeing danger in their home countries.
