Asylum is the right to seek protection in another country if you are afraid that you will be persecuted based on your race, religion, nationality, political opinion or membership in a social group. Asylum seekers are called “asylees.” They have a long and difficult path to achieving asylum in the United States. In addition to navigating clogged immigration courts, they must often travel to their destination city, locate an attorney (if able to afford one), and undergo what many describe as a life-altering interview in a non-adversarial setting. Various policy changes over the years have contributed to this complexity and backlog.
People may seek asylum affirmatively, from outside the United States, or defensively, from within the United States. In the latter, an individual files a claim for asylum in removal proceedings before an immigration judge. Typically, the government has an attorney to argue on its behalf, but the individual may also have private counsel.
Asylum seekers are all ages, genders and socio-economic backgrounds, though the majority come from regions of the world facing conflict, natural disasters or weak rule of law. Some qualify for asylum based on their membership in a protected class, such as women who suffer from violence or the denial of the rights of girls to education or health care. Others are at risk for persecution if returned home because of circumstances such as poverty, gang violence or the effects of climate change. All of these people are entitled to the protection of non-refoulement, a principle enshrined in international law.
