Asylum is a form of protection that allows people who have been persecuted in their home country to live and work legally in the United States until such time as they can safely return to their homeland. A person seeking asylum can apply for the status when they first arrive in the United States, assuming that they meet the international definition of a refugee and that they have a well-founded fear of persecution on one or more of the five protected grounds: race, religion, nationality, membership in a social group, and political opinion. The process of obtaining asylum can be lengthy and complex, and the right legal representation is essential for an individual who wants to obtain this crucial status.
In order to qualify for asylum, an individual must demonstrate that they have both an objective and subjective fear of returning to their home country. The objective component requires that the individual has demonstrated past persecution based on a protected ground, while the subjective component requires that the individual have a genuine fear of future persecution if they return. Adjudicators evaluate the subjective fear of each applicant on a case-by-case basis, taking into account their personality, life experiences, and the circumstances of their case.
As of 2024, there were 8.4 million people around the world awaiting a decision on their asylum claims. This is due to a combination of factors, including a long and complicated legal process, a lack of access to reliable legal representation, and the government’s push for a hardline approach to immigration policy that has provoked tension with border states.
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