Asylum is a form of protection that is granted to individuals who have fled their home country due to persecution, fear of violence, or other serious harm. Under U.S. law, asylum seekers may be eligible to apply for asylum if they meet certain criteria, including that they are unable or unwilling to return to their home country due to persecution or fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
The legal basis for granting asylum in the United States is found in several laws, including the Immigration and Nationality Act (INA) and the United Nations Convention Relating to the Status of Refugees. The INA provides that any person who is physically present in the United States, regardless of their immigration status, may apply for asylum if they meet the eligibility criteria. The Convention Relating to the Status of Refugees, which has been ratified by the United States, also provides protection for individuals seeking asylum based on persecution or fear of persecution in their home country.
Asylum seekers in the United States may apply for asylum through the affirmative asylum process or the defensive asylum process. The affirmative asylum process is available to individuals who are physically present in the United States and who are not in removal proceedings (i.e., not facing deportation). The defensive asylum process is available to individuals who are in removal proceedings and are seeking asylum as a defense against deportation.
In either case, individuals seeking asylum must be able to demonstrate that they meet the eligibility criteria for asylum, including that they have suffered persecution or fear of persecution in their home country based on one of the protected grounds. They must also show that they are not barred from receiving asylum, such as by committing certain crimes or being a danger to the security of the United States.
Overall, the legal argument for granting asylum to immigrants in the United States is based on the principle that individuals should not be forced to return to a country where they face persecution or fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
Photo by Kerwin Elias
