Thousands of people who are in the United States or arriving at our border seek asylum, a form of protection from persecution. The process can be lengthy and challenging. Those who are successful in obtaining asylum often live in the United States permanently and gain a path to citizenship. However, those who do not obtain asylum often face the threat of being returned to harm or even death in their home countries.
Historically, the right to asylum (from the ancient Greek asulon’sanctuary’) allowed persecuted people to escape their country of origin for the safety and sanctuary offered by another sovereign country. It was exercised by Rene Descartes to flee to the Netherlands, Voltaire to France, and Thomas Hobbes to England. Today, the right to asylum is grounded in international law and protected by the Universal Declaration of Human Rights.
To qualify for asylum, a person must meet the definition of a refugee under international law. This definition, set out in the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol, is incorporated into U.S. law through the Refugee Act of 1980. The definition includes a person who has suffered persecution or whose well-founded fear of future persecution is based on race, religion, nationality, membership in a social group, political opinion, or other specific protected grounds.
Noncitizens may apply for asylum either affirmatively or defensively. A 2022 regulation referred to as the Asylum Processing Rule creates a third option for individuals arriving at the border, providing that they undergo a credible or reasonable fear interview before a USCIS asylum officer rather than an immigration judge in removal proceedings and on a significantly truncated timeline.
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