Political asylum is a form of legal protection granted by host countries to migrants who are fleeing persecution or fear of persecution on the basis of one of five protected grounds: race, religion, nationality, political opinion, and membership in a particular social group. As of the end of 2024, there were 8.4 million people waiting for a decision on their asylum applications. Asylum cases are complicated and lengthy, and migrant families face a series of barriers to accessing adequate services, including securing employment and housing, finding pro bono counsel who can commit to their case for the duration of the case, and the ability to secure legal representation at all.
In order to qualify for asylum in the United States, a person must be physically present in the country or seeking entry at a port of entry and establish that they have suffered past persecution on one of the five protected grounds, or that they have a well-founded fear of future persecution. Adjudicators evaluate evidence of past persecution, such as witness testimony and other documents, and consider a migrant’s own statements about the threat to their life or safety, which is evaluated under a standard of credibility.
With limited exceptions, those who are found ineligible for asylum are subject to mandatory deportation, or to a humanitarian alternative, such as withholding of removal or deferral of removal, which offer less expansive legal protections. After a year in the country, asylum seekers may apply to become lawful permanent residents, or “green card holders.” They can have their status revoked if they no longer meet the definition of a refugee, are found to pose a danger to the public, or commit a serious crime.
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