Millions of people around the world flee their homes in search of safety and freedom. They might be seeking protection from violence and human rights violations, economic hardship, a lack of opportunity or natural disasters. Often, these challenges combine to make it impossible for them to return home safely. In these circumstances, people have the right to seek asylum in other countries.
Asylum is a form of protection granted by the government of a foreign country to people who cannot return home safely due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, social group, political opinion or sexual orientation. This right is guaranteed by international law, including the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. Congress incorporated this treaty into U.S. law in the Refugee Act of 1980.
Generally, people can apply for asylum either at the point of entry in the United States or after they have arrived and been placed in removal proceedings through a Notice to Appear. When people arrive at the border seeking asylum, they are typically detained while their case is pending. This practice has been challenged in court and, as of 2022, the new Asylum Processing Rule creates a pathway for these individuals to have their full asylum cases reviewed by USCIS officers on a shortened timeline.
The concept of the right to asylum dates back thousands of years. It is recognized by the ancient Egyptians, Greeks and Hebrews and was embraced by Rene Descartes in Holland, Voltaire in England and Thomas Hobbes in France, among others.
About the Author
