Each year, thousands of people arriving at our border or already in the United States apply for asylum, a form of protection that can provide a path to citizenship and freedom to live safely and work legally in this country. People are eligible for asylum if they can prove that they have suffered persecution in their home country or face danger of harm in their home country because of their race, religion, political affiliation, gender, sexual orientation, or membership in a social group.
Each State establishes its own procedure for examining and deciding on asylum applications. In countries that do not have a national asylum procedure, UNHCR examines asylum applications.
After a credible or reasonable fear interview, the asylum officer will decide whether or not an individual has met the legal standard for asylum. The person may be granted asylum, or more limited forms of protection including withholding of removal or relief under the Convention Against Torture.
The immigration court process is lengthy and often adversarial, with backlogs that can lead to years of uncertainty for a person who has been found to have a credible fear. Delays can result in prolonged separation of refugee families, leave family members abroad in dangerous situations and make it difficult to retain pro bono counsel who can commit to representing a case for its full duration. This can also impede employment, education and trauma recovery opportunities for individuals in the limbo of an asylum case.