Teacher and Student

ASYLUM,
EXPLAINED

SEEKING ASYLUM IS A HUMAN RIGHT,
PROTECTED BY LAW
To Be Eligible, A Person Must Be... 

Physically present in the United States and is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of

  • race,

  • religion,

  • nationality,

  • membership in a particular social group, or

  • political opinion.

In the United States, the definition has been narrowed to exclude persecution from non-government entities, such as gangs and cartels, even if they are the primary political and military force in a country.

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The Legal Asylum Process...

Takes one or more years to complete. Asylum petitioners may be imprisoned in an ICE detention facility during some or all of this process even though they have not committed a crime.

Requires the claimant to prove in Immigration Court that he or she meets the legal definition of "Refugee" as described in the Immigration and Nationality Act.

 

Needs evidence that supports claims of persecution, including a detailed description of who and what is feared, supporting documents, witness testimony, and physical evidence of persecution that has already been experienced.

Includes identity verification and extensive vetting through several different national and international security databases

 

Accepting Asylum Seekers is a Responsibility and a Privilege that the US has Rejected

The United States, along with 149 other countries, signed the UNHCR 1967 Protocol relating to the rights of Refugees and Asylum Seekers, accepting the responsibilities of nations that grant asylum. The bedrock of our Asylum System is a petitioner’s legal right to present a defense of their eligibility to receive asylum under our laws before an Immigration Judge.


However, our current immigration system is fraught with policies at every stage of the process that are intended to impede and undermine the ability to do so fairly. The United Nations has repeatedly condemned our recent policies as “sharply curtailing basic rights and freedoms” and “not in line with our international obligations”.