Asylum is legal protection that can be granted to people who fear persecution in their country of origin. Persecution can be based on a person’s race, religion, nationality, political opinion or membership in a particular social group. People who are displaced due to conflict or violence often seek asylum.
The United States has a long history of supporting people who have fled persecution and are seeking safety in the country. However, recent policies have resulted in massive backlogs in the system. Asylum cases can take years to complete. During that time, people are left in limbo, separated from their families and unable to work, attend school or access mental health services. It can also be difficult to find and retain pro bono counsel who is able to commit to the case for its duration.
People who are found to have a reasonable fear of persecution may be granted asylum, which grants them permission to live and work in the U.S. For those who are not granted asylum, their cases will be referred to immigration court to pursue other types of relief such as cancellation of removal or withholding of removal. Asylum seekers will have to go through a master calendar hearing and an individual hearing to prove their cases.
Every person around the world has a right to seek asylum from persecution or serious harm in their home country. This right is rooted in international law. The 1951 Refugee Convention and 1967 Protocol as well as other international, regional, and domestic laws and practices enshrine the right to seek asylum.