Asylum

Asylum is a form of protection in U.S. law for people who are unable or unwilling to return to their country because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion. It follows the definition of "refugee" in the Refugee Act of 1980, which implemented the 1951 Refugee Convention.

A person may apply either affirmatively, with U.S. Citizenship and Immigration Services, or defensively as a defense to removal in immigration court. Applicants arriving at the border who express fear receive a credible fear interview in expedited removal proceedings. Asylum is discretionary, requires proof of the claim and, with limited exceptions, must be filed within one year of arrival. Those granted asylum can work, apply for permanent residence after a year and bring family members.

Asylum claims have risen sharply and the backlog in immigration courts has reached millions of cases, with years-long waits. Supporters stress the humanitarian obligation and legal right to apply; critics argue that the system is exploited by migrants with economic motives and the backlog allows people to remain in the country for years. Administrations have used rules, such as limits on claims by those who crossed between ports of entry or who passed through other countries, and transit bans, many litigated. See also humanitarian parole.