A person seeking political asylum in the United States must demonstrate that he or she is fleeing persecution from their country of origin, based on one or more of five protected grounds: race, religion, nationality, political opinion or membership in a social group. Asylum is a form of protection granted by the government of the host country, and it is enshrined in international law.
Asylum applications surged in the wake of global forced migration and a historic influx of migrants to the southern U.S. border in fiscal year (FY) 2022. In response, the Biden administration shifted its asylum-related policy and procedures, creating new barriers to efficient, fair adjudications.
As a result of these policy changes, asylum processing times have ballooned and backlogs have grown in both immigration courts and USCIS asylum offices. Asylum seekers must wait years for their cases to be heard—if they pass a credible fear or reasonable fear interview. During that time, key witnesses may die, country conditions can change and asylum seekers must continue to work, raise families, live in fear of deportation and care for themselves.
To reduce asylum backlogs and ensure fair adjudications, the federal government should increase its staffing levels. It also must implement reforms to open orderly, humane immigration pathways that respond to 21st-century challenges. This could include work-based visas for people willing to fill workforce shortages and complementary humanitarian vehicles. Congressional action is also needed to mitigate asylum backlogs by establishing alternative legal avenues for asylum seekers that do not require the risky, often deadly journeys through Mexico to reach the U.S.-Mexico border.