Political asylum is a form of protection granted by host countries to people who are fleeing persecution or fear of persecution in their home country on the basis of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. People seeking asylum typically do so because they cannot return safely to their home country, due to violence, poverty, or other factors. In FY 2024, USCIS found 70,549 people to have a credible fear of persecution.
People can apply for asylum either affirmatively through U.S. Citizenship and Immigration Services or defensively through an immigration judge in removal proceedings. Defensive applications are growing at a rate of fivefold, according to TRAC, and they have surpassed affirmative asylum cases since 2014.
The government can grant or deny asylum, but it is required under international law not to return someone to a situation where their life or safety would be in danger (the principle of non-refoulement). This means that the U.S. must be willing to offer safe haven to everyone who comes to its borders or territory seeking asylum, regardless of whether they are arriving at a port of entry or are already in the United States.
But asylum laws and policies are complicated, and they change from time to time, reflecting the priorities of different presidential administrations. As a result, many people are confused about how to proceed and are stuck in lengthy backlogs. Ultimately, though, a person’s legal status does not fully capture who they are as a child, teacher, artist, parent, football fan, or any other human being.