Gavin Howe
Asylum is a form of international protection granted to individuals who cannot return to their home countries due to a well-founded fear of persecution. The right to seek asylum is legal under international and U.S. law. However, policies enacted by recent U.S. administrations have restricted access to asylum for Central Americans. There has been a sharp rise in asylum seekers from Central America's Northern Triangle region (Honduras, Guatemala, and El Salvador). While some U.S. immigration judges have interpreted the law to grant asylum to Central American migrants who can demonstrate a well-founded fear of persecution, there are vast disparities in how cases are decided depending on the judge and court location. This article will explore the differences in U.S. asylum laws for Central Americans and the challenges they face in seeking protection.
| Characteristics | Values |
|---|---|
| Asylum seekers from Central America | Women and underage youths are attractive recruits for gangs. |
| People may face persecution from gangs on account of their sexuality, gender, religion, or resistance to gang activity. | |
| Families and children flee violence in their countries of origin and seek asylum at the U.S.-Mexico border. | |
| There has been a sharp rise in asylum seekers from Central America's Northern Triangle region (Honduras, Guatemala, and El Salvador). | |
| Central Americans who cite fear of generalized violence in their asylum applications are not making baseless claims. | |
| Asylum law applies to those with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. | |
| Asylum seekers may be of any age, gender, socioeconomic status, or nationality. | |
| Asylum seekers must demonstrate a credible fear of persecution or torture. | |
| Asylum seekers must be physically present in the United States. | |
| Asylum seekers can apply for their spouse or children under the age of 21 to join them. | |
| Asylum seekers are rarely detained by U.S. Immigration and Customs Enforcement (ICE). | |
| Asylum seekers are not authorized to work unless they meet certain requirements. | |
| Asylum seekers must submit Form I-589, Application for Asylum and for Withholding of Removal. | |
| Asylum seekers who are denied can remain in the U.S. while their case is pending with the immigration judge. |
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What You'll Learn
- Asylum seekers from Central America face growing barriers
- Central American asylum seekers can apply for affirmative asylum by submitting Form I-589
- Asylum seekers can stay in the US while their Form I-589 is pending
- Asylum seekers granted asylum can apply for their spouse or children to join them
- Asylum seekers with children under 21 can include them as dependents on their application
Asylum seekers from Central America face growing barriers
Under U.S. asylum law, individuals must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. While those fleeing generalized crime and violence in their home countries may not easily fit into these categories, U.S. immigration judges have sometimes granted asylum to Central American migrants who can demonstrate a credible fear of persecution.
The success of asylum applications often depends on the individual judge and the location of the court. For example, judges in New York grant asylum in more than 75% of cases, while in Atlanta, nearly 90% of asylum requests are denied. Access to legal counsel is also crucial, as a 2015 study found that only 1.5% of women with children who passed their credible fear interviews were granted asylum without legal representation.
The process of obtaining asylum in the United States can be complex. Asylum seekers must submit Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS). If their case is not approved and they lack legal immigration status, it is referred to an immigration judge for a de novo hearing. Asylum seekers may remain in the United States while their application is pending, but they are not authorized to work unless they meet certain requirements.
Overall, asylum seekers from Central America face significant challenges and barriers as they navigate the U.S. immigration system, and the outcome of their asylum claims can depend heavily on the individual judge and court location rather than the merits of their case.
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Central American asylum seekers can apply for affirmative asylum by submitting Form I-589
To be eligible to file Form I-589, one must not be a U.S. citizen, be physically present in the United States, and either have been issued an A-Number but not be in Executive Office for Immigration Review (EOIR) proceedings, or not be in EOIR proceedings and not have a pending Form I-589 as the principal applicant. It is important to note that Form I-589 must be filed within 1 year of arrival in the United States; otherwise, one may become ineligible to apply for asylum.
After submitting Form I-589, a USCIS asylum officer will conduct a credible fear screening interview to determine whether the applicant has a credible fear of persecution or torture in their home country. If the asylum officer finds that the applicant has a credible fear, USCIS may either retain and consider the application for asylum or issue a Notice to Appear before an immigration judge for further consideration.
It is worth mentioning that there are disparities in asylum approval rates across different locations and judges in the United States. For example, judges in New York grant asylum in over 75% of cases, while in Atlanta, nearly 90% of asylum requests are denied. Additionally, access to legal counsel can significantly impact the outcome of an asylum application.
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Asylum seekers can stay in the US while their Form I-589 is pending
To be granted asylum, one must meet the definition of a refugee. Asylum is a form of protection for individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
To apply for asylum, applicants must file Form I-589 within one year of arriving in the US. Applicants can include their spouse and unmarried children under 21 years old in their asylum application. In most cases, individuals who have filed for asylum and whose Form I-589 has been pending for at least 150 days can apply for an employment authorization document (EAD) to legally work in the US.
There has been a sharp rise in asylum seekers from Central America, particularly from Honduras, Guatemala, and El Salvador. US asylum law applies to those who have a well-founded fear of persecution. However, there are disparities in how asylum cases are decided, depending on the judge and the location of the court. While judges in New York grant asylum in more than 75% of cases, in Atlanta, almost 90% of asylum requests are denied.
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Asylum seekers granted asylum can apply for their spouse or children to join them
Asylum seekers in the US include some of the most vulnerable members of society—children, single mothers, survivors of domestic violence or torture, and other individuals who have suffered persecution and trauma. Many are fleeing severe humanitarian crises in Latin America, the Caribbean, Afghanistan, and parts of Africa. In recent years, there has been a particular increase in the number of asylum seekers from Central America's Northern Triangle region, which includes Honduras, Guatemala, and El Salvador.
Asylum is a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their country due to a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. Seeking asylum is legal under international and US law, and those granted asylum can apply to live in the US permanently and gain a path to citizenship. They can also apply for their spouse or children to join them in the US.
If the spouse and unmarried children were named on the asylum application (Form I-589) and are in the US, the procedure is relatively simple. They derive asylum on the date the principal applicant is granted asylum, provided the spousal or parent-child relationship existed at the time. If the spouse and unmarried children were not named on the I-589 application or are outside the US, the procedure is more complicated. In these cases, the principal must file a Form I-730, Refugee/Asylee Relative Petition, within two years of obtaining asylum. Petitions can be filed after two years, but only for extreme humanitarian reasons, and these waivers are rarely granted.
It is important to note that there are significant disparities in how asylum cases are decided depending on the judge and the court location. For example, judges in New York grant asylum in more than 75% of cases, while in Atlanta, nearly 90% of asylum requests are denied. A successful asylum application often depends on access to legal counsel, and backlogs and delays can cause prolonged separation of refugee families.
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Asylum seekers with children under 21 can include them as dependents on their application
Dependents can be added to an asylum application even if they arrive in the US after the application has been filed. To do so, the asylum seeker must inform the interviewing officer or presiding judge that they want to include their children. An asylum officer will add a dependent to the asylum application as long as the dependent is not in court proceedings.
If the asylum application is approved, the dependents will be granted asylum as well. However, if the application is denied, the principal applicant and their dependents will be referred to immigration court. If the principal applicant has a legal right to be in the US, they will receive a Notice of Intent to Deny (NOID), and any dependents who are "in status" will be listed on that notice as well.
It is important to note that dependents can also choose to file their own separate asylum applications. This may be something to consider if the dependents have experienced or fear persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
In terms of US asylum laws for Central Americans, there is no indication that there are specific laws unique to this region. However, there has been a sharp rise in asylum seekers from Central America, particularly from Honduras, Guatemala, and El Salvador. The reasons for seeking asylum often include fleeing violence, conflict, and persecution. While asylum seekers have the legal right to seek protection, policies enacted by recent US administrations have restricted access to asylum.
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Frequently asked questions
Asylum is a form of international protection granted to individuals who cannot return to their home countries due to a well-founded fear of persecution. Asylum seekers may be of any age, gender, socio-economic status, or nationality.
US asylum law applies to those who have a well-founded fear of persecution "on account of race, religion, nationality, membership in a particular social group, or political opinion." Central Americans who cite fear of generalized violence in their asylum applications can be granted asylum if they demonstrate "a well-founded fear of persecution."
To apply for asylum in the US, you must submit Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. You may live in the US while your application is pending. If your case is not approved, you will receive a Form I-862, Notice to Appear, and your case will be referred to an immigration judge.
There is a vast difference in how Central American asylum cases are decided depending on the judge and the location of the court. For example, judges in New York grant asylum in more than 75% of cases, while in Atlanta, almost 90% of asylum requests are denied. A successful asylum application also largely depends on access to legal counsel.
