Each year, thousands of people arriving at our border and within the United States apply for asylum, a form of protection from persecution. To receive asylum, an individual must demonstrate that they are a refugee under international law and either have suffered past persecution on account of a protected ground or have a well-founded fear of future persecution due to the same or a similar factor. People who are granted asylum can then become lawful permanent residents, or “green card holders,” and eventually become citizens.
The IRC helps people who are granted asylum resettle in new communities and provides humanitarian support in over 40 crisis-affected countries around the world. We fight against the harmful misinformation and fearmongering that can fuel hatred and discrimination against refugees and people seeking asylum.
Asylum is a discretionary status, and officials can reject asylum requests even if those individuals meet the definition of a refugee under international law. However, those who are denied asylum may be eligible for backstop forms of protection such as withholding of removal and relief under the Convention Against Torture.
Asylum seekers can request asylum from the Department of Homeland Security’s (DHS) Office of Immigration and Refugee Services or before an immigration judge in removal proceedings. A regulation issued in 2022 created a third pathway for some individuals arriving at the border that combines elements of both affirmative and defensive asylum processing on an expedited timeline. Historically, the US government has only granted asylum to those who can prove that their protected characteristic was “at least one central reason” behind their persecution. For example, in In re Kasinga, 21 I & N Dec. 357 (1996 BIA), the Court of Appeals for the Ninth Circuit found that cultural traditions such as female genital cutting were enough to qualify as political persecution.