Each year thousands of people seeking safety, protection and a path to asylum arrive at our borders and in the United States. Political asylum is a legal right that allows people who have been persecuted in their home country to seek sanctuary in another country. People granted asylum are called “asylees,” and they can live and work in the United States without fear of deportation and are allowed to bring their spouse and children who are under 21 with them.
A person can be granted asylum if they can prove that they have been persecuted in the past and are at risk of persecution in the future. This can be based on a variety of factors, including:
If someone is found to have credible or reasonable fear at their threshold screening interview with USCIS, they will be referred to immigration court for a full asylum case and may also be eligible for backstop forms of protection such as withholding of removal or the Convention Against Torture. Generally, a person must file their application for asylum within one year of arrival in the United States. In 2018, a class-action lawsuit ruled that the government is obligated to provide notice of this deadline and a uniform procedure for filing.
Often, those who apply for asylum are separated from their families during the long wait to get their cases heard. These delays impede family reunification and make it harder for refugees to find stable employment, access education and support trauma recovery.