People from around the world seek asylum to rebuild their lives in a safe place away from violence and persecution. People granted asylum can live in the United States legally, work and study, and can eventually apply for lawful permanent resident status (or “green card”). Asylum is a discretionary form of protection, but unlike refugee status, there is no numerical limit on how many people can be granted asylum each year. People who are denied asylum are eligible for more limited forms of protection, such as withholding of removal and deferral of removal under the Convention Against Torture.
The asylum process is complex and involves multiple government agencies. It requires evidence proving that you have suffered past persecution or that you have a well-founded fear of future persecution. The credible fear determination is based primarily on your own testimony, but can be supplemented by other reliable information, such as documents, video recordings, and eyewitness accounts. The process can take years to complete. Backlogs of cases before immigration courts and USCIS asylum offices have increased substantially in recent years. These delays separate families, create uncertainty about a person’s future in the U.S., and make it more difficult to find pro bono lawyers who are able to commit their time to the case.
Seeking asylum is a fundamental human right, enshrined in both international law and United States laws. The principle of non-refoulement is central to the 1951 Refugee Convention and is a core international legal commitment. The United States should uphold its national and international obligations by improving the efficiency of the asylum process, including through reforms that ensure fair and timely review of claims, consistent with established legal standards.