Legal Definitions - asylum

Asylum is a form of legal protection granted by a country to individuals who have fled their home country because they fear persecution there. This protection allows them to remain safely in the new country.

To qualify for asylum in the United States, an individual must demonstrate a "well-founded fear of persecution" in their home country. This fear must be based on one of five specific grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group (e.g., LGBTQ+ individuals, victims of domestic violence, certain families)
• Political opinion

Unlike refugees, who typically apply for protection from outside the U.S. and are processed overseas, individuals seeking asylum are generally already present in the United States or are arriving at a U.S. port of entry. If their application is approved, they are granted "asylee" status.

Asylees are permitted to live and work legally in the U.S. They can also apply for their spouse and unmarried children under 21 to join them. After one year of being granted asylum, they may apply for lawful permanent resident status (a "green card").

There are two main ways to apply for asylum:

• Affirmative Asylum: This is when an individual proactively files an asylum application with U.S. Citizenship and Immigration Services (USCIS) on their own initiative, typically before they have been placed in removal (deportation) proceedings. Generally, this application must be filed within one year of arriving in the U.S.
• Defensive Asylum: This occurs when an individual applies for asylum as a defense against being removed from the U.S. This usually happens after they have been placed in removal proceedings by the Department of Homeland Security (DHS), often after being apprehended at the border or after an affirmative asylum application was denied and referred to an immigration judge.

Here are some examples illustrating how asylum might apply:

• Example 1: Political Opinion

  A prominent human rights activist in Country A, known for publicly criticizing the government's authoritarian policies, begins receiving credible death threats and finds their family under surveillance. Fearing arrest, torture, or even execution if they remain, the activist manages to flee to the United States and applies for asylum.

  This illustrates asylum based on political opinion. The activist has a well-founded fear of persecution directly linked to their outspoken views against the government, which is a protected ground for seeking asylum.

• Example 2: Religion and Membership in a Particular Social Group

  In Country B, a specific religious minority community faces systematic violence, property destruction, and discrimination from both extremist groups and local authorities who refuse to offer protection. A young woman from this community, whose family home was burned down and whose relatives have been attacked, travels to the U.S. and requests asylum.

  This demonstrates asylum based on religion and potentially membership in a particular social group. The individual faces a well-founded fear of persecution due to her religious identity and her association with a targeted community, which the home country's government is unwilling or unable to protect.

• Example 3: Race or Nationality

  An individual belonging to a specific ethnic minority group in Country C witnesses their community being systematically targeted by government-backed militias, leading to forced displacement, arbitrary detention, and violence, solely because of their ethnicity. Fearing for their life and freedom, they escape to the U.S. and apply for asylum.

  This example illustrates asylum based on race or nationality. The individual has a well-founded fear of persecution (violence, detention, displacement) directly tied to their ethnic identity, which is a protected ground for asylum.