Asylum is a form of protection granted to individuals who are unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion[5]. Seeking asylum is a human right protected under international law[2][3]. Here are some key points to know about the right to seek asylum:
- The right to seek asylum is protected under our laws: Although anti-immigration lawmakers have sown confusion about the law, the process of applying for asylum, and what is really needed to ensure a fair and orderly system for considering the claims of people seeking protection at the border, our laws provide a clear right for people fleeing persecution to seek asylum in the United States[1].
- Refugees have a right to international protection: A refugee is a person who has fled their own country because they are at risk of serious human rights violations and persecution there. The risks to their safety and life were so great that they felt they had no choice but to leave and seek safety outside their country because their own government cannot or will not protect them from those dangers. Refugees have a right to international protection[2].
- Asylum is a form of protection: Asylum is a form of protection which allows an individual to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. If they are granted asylum, this gives them protection and the right to stay in the United States. Those who are granted asylum are called asylees[4].
- Asylum seekers have the burden of proving that they meet the definition of a refugee: In order to be granted asylum, an asylum seeker has the burden of proving that he or she meets the definition of a refugee. With or without counsel, an asylum seeker has to prove that he or she is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion” [6].
Citations:
[1] https://www.aclu.org/news/immigrants-rights/five-things-to-know-about-the-right-to-seek-asylum
[2] https://www.amnesty.org/en/what-we-do/refugees-asylum-seekers-and-migrants/
[3] https://en.wikipedia.org/wiki/Right_of_asylum
[4] https://help.unhcr.org/usa/applying-for-asylum/what-is-asylum/
[5] https://www.rescue.org/article/it-legal-cross-us-border-seek-asylum
[6] https://www.americanimmigrationcouncil.org/research/asylum-united-states