Simone Lawson
Asylum seekers in the United States face a challenging and complex process, with critics arguing that the country's asylum laws are unfair and violate the US Constitution. The US has legal obligations to provide protection to those who qualify as refugees, and an individual granted asylum is protected from deportation and can eventually become a citizen. However, since 2017, the US government has severely restricted access to asylum, with policies like the Migrant Protection Protocols (MPP) or Remain in Mexico forcing asylum seekers to wait in Mexico with limited access to legal counsel. These policies have been deemed harmful and illegal by organisations like the IRC, which provides humanitarian support to asylum seekers. Despite the existence of established rights under US and international law, anti-immigration lawmakers have sown confusion about the law and the process of applying for asylum.
| Characteristics | Values |
|---|---|
| Definition | Asylum seekers are individuals who have fled their homes in search of safety and protection in another country. |
| Rights | Asylum seekers have the right to seek asylum in the US under international law. |
| US Law | The US has legal obligations to provide protection to those who qualify as refugees. |
| Eligibility | To be granted asylum, an individual must provide evidence of past persecution or a "well-founded fear" of future persecution in their home country. |
| Barriers | Asylum seekers face challenges such as restrictive policies, long waits, and detention by ICE. |
| Process | The asylum process can be difficult and complex, involving multiple government agencies and potential legal counsel. |
| Impact | Asylum seekers contribute to the US economy and society through their businesses, jobs, and tax revenue. |
| Backlog | As of October 2023, there were over 2.93 million open removal cases and an average wait time of over 1,364 days for relief. |
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What You'll Learn
The right to seek asylum
The United States, as a signatory to the 1967 Protocol and through its immigration law, has legal obligations to provide protection to those who qualify as refugees. The Refugee Act established two paths to refugee status: resettlement as a refugee abroad or asylum-seeking in the United States. An individual granted asylum in the United States, known as an "asylee," is protected from deportation and is authorized to work. They may also apply for a Social Security card, request permission to travel overseas, and petition to bring their family members to the country. After one year, an asylee may apply for lawful permanent resident status, and after five years, they may apply for citizenship.
However, seeking asylum in the United States is a difficult and complex process that can involve multiple government agencies. The Trump administration implemented policies that restricted access to asylum, such as Title 42, which used the COVID-19 pandemic as a pretext for expelling asylum seekers without due process. These policies have faced legal challenges and criticism from organizations like the IRC and ACLU, which advocate for the rights of asylum seekers.
Despite these challenges, asylum seekers contribute significantly to the United States. They open businesses, work in essential sectors, and advocate for people's rights, contributing billions in taxes and revenue.
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Eligibility requirements
To be eligible for asylum, individuals must apply within one year of entering the United States, unless they can demonstrate changed or extraordinary circumstances. Applicants who have previously been denied asylum, pose a danger to the country, or have committed serious crimes are generally barred from receiving asylum.
The process of seeking asylum can be challenging and complex, involving multiple government agencies and lengthy court proceedings. Asylum seekers may face obstacles such as detention by ICE, restrictive policies, and the difficulty of gathering evidence to support their claims. Despite these challenges, asylum seekers who are granted protection, known as "asylees," are authorized to work, protected from deportation, and may eventually become permanent residents and citizens if they meet all requirements.
The United States, as a signatory to the 1967 Protocol and the 1951 Convention Relating to the Status of Refugees, has legal obligations to provide protection to those who qualify as refugees. However, there have been criticisms of U.S. asylum policies for their restrictive nature and potential violations of constitutional rights.
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The application process
To be granted asylum, an individual must provide evidence that they meet the definition of a refugee. This means demonstrating that they have suffered past persecution or have a "well-founded fear" of future persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinion. An individual's own testimony is typically critical to their asylum determination. It is important to note that individuals who are found to pose a danger to the United States, have committed a serious crime, or have persecuted others are generally barred from asylum.
If an individual is placed in expedited removal proceedings and indicates an intention to apply for asylum, they will be referred to USCIS for a credible fear screening interview. A USCIS asylum officer will conduct this interview to determine whether the individual has a credible fear of persecution or torture. If the credible fear determination is positive, the individual will undergo an Asylum Merits Interview with USCIS to further evaluate their eligibility for asylum. During this interview, an asylum officer will decide whether the individual is eligible for asylum and, if necessary, consider their eligibility for withholding of removal and protection under the Convention Against Torture (CAT). If the asylum officer determines that the individual requires further review, they will issue a Notice to Appear before an immigration judge for consideration of the asylum application, withholding of removal, and CAT protection claims.
The backlog in U.S. immigration courts can cause significant delays in the asylum application process, with some individuals waiting over four years for a resolution. These delays can have profound impacts on asylum seekers and their families, leaving them in limbo and facing prolonged separation.
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Rights of asylum seekers
The rights of asylum seekers in the United States have been a subject of debate and legal challenges in recent years. Asylum seekers are individuals who have fled their home countries in search of safety and protection elsewhere due to conflict, disaster, or weak rule of law. While the United States has legal obligations under domestic and international law to provide protection to those who qualify as refugees, there have been restrictions and challenges to the rights of asylum seekers.
One of the key rights of asylum seekers in the United States is the right to seek protection and apply for asylum. Asylum seekers have the right to remain in the United States while their claim for protection is pending. They have the burden of proving that they meet the definition of a refugee, which requires providing evidence of past persecution or a "well-founded fear" of future persecution in their home country. The individual's testimony is critical to their asylum determination. However, there are factors that bar individuals from asylum, such as failing to apply within one year of entering the country, posing a danger to the United States, committing serious crimes, or persecuting others.
Asylum seekers in the United States also have certain protections once they are granted asylum. An "asylee" is protected from being returned to their home country and is authorized to work, apply for a Social Security card, and request permission to travel overseas. They can also petition to bring their family members to the United States and may be eligible for government assistance programs. After one year, they can apply for lawful permanent resident status, and after five years, they can apply for citizenship.
However, there have been challenges and restrictions to the rights of asylum seekers in recent years. Since 2017, the US government has severely restricted access to asylum at the border, implementing policies like the Migrant Protection Protocols (MPP) or "Remain in Mexico," which forced asylum seekers to wait in Mexico during their immigration court cases with limited access to legal counsel. The Trump administration's "Title 42" policy during the COVID-19 pandemic also resulted in the expulsion of nearly 3 million asylum seekers, denying them their legal right to claim asylum. While Title 42 ended in May 2023, it was followed by President Biden's "asylum ban," which continues to restrict asylum seekers' rights.
The backlog in US immigration courts has also impacted the rights of asylum seekers, resulting in prolonged separations of refugee families and difficulties in accessing legal counsel. The Trump administration's policy of directing judges to deny asylum without hearings further undermines the rights of asylum seekers to have their claims fairly adjudicated. These policies and backlogs have led to concerns about the protection of asylum seekers' rights and the need for a more humane and orderly asylum system in the United States.
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Refugees vs asylum seekers
Refugees, asylum seekers, and migrants are all terms used to describe people who are on the move and have crossed borders. However, it is important to distinguish between these terms as there are legal differences.
An asylum seeker is someone who has fled their home and is seeking protection from persecution and serious human rights violations in another country. Asylum seekers must apply for protection in the country of destination, meaning they must arrive at or cross a border to apply. They have not yet been legally recognized as refugees and are waiting to receive a decision on their asylum claim. Asylum seekers may be of any age, gender, socio-economic status, or nationality, although most come from regions suffering from conflict, disaster, and weak rule of law. The process of applying for asylum can take years, and asylum seekers have the right to seek international protection and must not be returned to a country where their lives or safety are at risk. The United States was the largest recipient of new individual asylum applications by the end of 2023.
A refugee is a person who has been forced to flee their home country due to war, violence, or persecution and is unable to return home until conditions are safe again. They have a well-founded fear of persecution or danger in their home country and seek protection elsewhere. An official entity, such as a government or the United Nations Refugee Agency, determines whether an individual meets the definition of a refugee. Those who obtain refugee status are given protections under international laws and conventions and receive life-saving support from aid agencies. Refugees have the right to international protection and can become permanent residents and eventually citizens of their host country, provided they meet the requirements.
A migrant, on the other hand, is someone who moves from place to place, within their own country or across borders, usually for economic reasons such as seasonal work or to seek better opportunities. Unlike refugees and asylum seekers, migrants are not forced to leave their home countries due to persecution, violence, or danger, but rather choose to leave in search of improved economic or educational prospects. It is important to note that while migrants may not fit the legal definition of a refugee, they are still entitled to have their human rights protected and respected, regardless of their status in the country they moved to.
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Frequently asked questions
An asylum seeker is someone who has fled their home country in search of safety and protection elsewhere. Asylum seekers can be of any age, gender, socio-economic status or nationality.
Asylum seekers in the US have the right to seek asylum and have their case heard. If granted asylum, they are protected from being returned to their home country, can work, and may apply for their family to join them.
To be granted asylum, an individual must demonstrate that they have suffered past persecution or have a well-founded fear of future persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinion. They must also apply within one year of entering the US.
Asylum seekers in the US face a complex and difficult process, with long wait times for their cases to be heard. They may be unnecessarily detained by ICE in poor conditions and face restrictive policies such as Title 42, which has been used to expel asylum seekers without due process.
