Gavin Howe
Asylum seekers are people who have fled their home countries and are seeking protection from persecution and serious human rights violations in another country. Seeking asylum is a human right, and it is legal to cross borders to seek asylum. However, some countries have implemented policies and restrictions that make it difficult for asylum seekers to enter and receive protection. For example, the US has had several policies in place that curb legal access to asylum, such as Title 42, which was implemented during the Trump administration and allowed officials to turn away migrants at the US-Mexico border under the pretext of preventing the spread of COVID-19.
| Characteristics | Values |
|---|---|
| Asylum Seekers | People who have fled their home country and are seeking protection from persecution and serious human rights violations in another country |
| Refugees | People who have fled their own country because they are at risk of serious human rights violations and persecution there |
| Migrants | People staying outside their country of origin, who are not asylum seekers or refugees |
| Right to Asylum | Seeking asylum is a human right |
| Right to Asylum in the US | Asylum seekers must be in the US or at a port of entry to request the opportunity to apply for asylum |
| US Asylum Law | US asylum law is derived from international agreements written after World War II |
| US Refugee Act | Passed in 1980, adopting the UN's definition of a refugee |
| US Immigration Law | The US has legal obligations to provide protection to those who qualify as refugees |
| US Asylum Restrictions | Title 42, which allowed the US to expel migrants at the southern border, was lifted on May 11, 2023 |
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What You'll Learn
The right to seek asylum
To be granted asylum, an individual must meet the definition of a refugee as outlined in the aforementioned conventions. A refugee is a person who is unable or unwilling to return to their country of origin due to past persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership of a particular social group, or political opinion.
The process of seeking asylum can be complex and involves navigating multiple government agencies. Asylum seekers must be physically present in the country they are seeking asylum in or at a designated port of entry. They may apply for asylum affirmatively, defensively, or through an expedited process known as the Asylum Processing Rule. While seeking asylum is legal, certain factors, such as failing to apply within a specified timeframe, can bar individuals from being granted asylum.
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The definition of a refugee
The right to seek asylum was incorporated into international law following World War II. The 1951 Geneva Convention is the main international instrument of refugee law, spelling out who qualifies as a refugee and the legal protections they are entitled to. The 1967 Protocol expanded the scope of the Convention as the problem of displacement spread beyond Europe. The United States incorporated the international definition of a refugee into its immigration law with the Refugee Act of 1980.
An asylum seeker is someone who has fled their home and is seeking sanctuary in another country. They must demonstrate a well-founded fear of persecution in their home country to be granted asylum. Asylum seekers can be of any age, gender, socio-economic status, or nationality, though most come from regions suffering from conflict, disaster, and weak rule of law.
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$28.59 $29.95
The process of seeking asylum
There are three ways to obtain asylum in the US: the affirmative process, an Asylum Merits Interview after a positive credible fear determination, and the defensive process.
The Affirmative Process
To apply for asylum through the affirmative process, asylum seekers must be physically present in the US and submit Form I-589, Application for Asylum and for Withholding of Removal, within one year of their arrival in the country. They should also bring an interpreter to their asylum interview if they are not fluent in English.
Asylum Merits Interview
If asylum seekers are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of returning to their country, they will be referred for a credible fear screening interview. If an asylum officer finds that they have a credible fear, their application will be retained and considered further in a second interview, or an Asylum Merits Interview.
The Defensive Process
Defensive asylum processing occurs when asylum seekers request asylum as a defence against removal from the US. This process is generally for those who have been apprehended in the US or at a US port of entry without proper legal documents or in violation of their immigration status, or who have been placed in expedited removal proceedings and found to have a credible fear of persecution or torture.
Additional Information
Asylum seekers must be able to demonstrate that they were persecuted or have a well-founded fear of persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinion.
While their application is processed, asylum seekers have the right to remain in the US, but the government has also argued that it has the right to detain them. Asylum seekers can apply for work authorisation after their case has been pending for 150 days.
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The impact of restrictive policies
Restrictive asylum and immigration policies have had a significant impact on both asylum seekers and the countries implementing them. These policies have led to increased demands for restrictive immigration and asylum policies in Western Europe, with individuals demanding that their governments take a tougher stance on immigration to protect their national interests.
One of the most notable impacts of restrictive policies has been the deterrence of asylum seekers from seeking protection. The "Remain in Mexico" policy, for example, forced asylum seekers to wait in Mexico while their U.S. immigration court cases were processed, often leaving them vulnerable to violence and exploitation. Similarly, the "Title 42" policy during the COVID-19 pandemic allowed the U.S. to expel migrants at the southern border, denying them their legal right to claim asylum. These policies have caused prolonged separation of refugee families and left asylum seekers in dangerous situations.
Restrictive policies have also led to the criminalization of asylum seekers, with policies such as expedited removal orders and detention practices. Asylum seekers have been subjected to prolonged detention, sometimes lasting years, while their claims are processed. This has exacerbated the challenges they face and negatively impacted their mental health and well-being.
Furthermore, restrictive policies have limited access to essential services for asylum seekers. For instance, the "Title 42" policy prevented asylum seekers from accessing basic health services and increased their risk of contracting COVID-19. Language barriers and racism have further exacerbated the situation, particularly for Black asylum seekers, who face discrimination and violence during their journey and at the border.
The implementation of restrictive policies has also had economic consequences for the countries involved. For example, the impact of the "Remain in Mexico" policy on Mexico has resulted in growing humanitarian needs and increased pressure on the country's resources.
In addition, restrictive policies have contributed to the backlogs and delays in the asylum application process, causing further challenges for asylum seekers. The average wait time for a hearing or interview can be years, and the uncertainty of their future impedes employment, education, and trauma recovery opportunities.
Lastly, restrictive policies have had a detrimental effect on the mental health of asylum seekers. Studies have shown that restrictive immigration and asylum policies are associated with higher rates of mental health issues such as depression, anxiety, and post-traumatic stress disorder among asylum seekers.
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The rights of migrants, refugees and asylum seekers
The rights of migrants, refugees, and asylum seekers
The rights of migrants, refugees, and asylum seekers are protected by international law, including the Universal Declaration of Human Rights, international human rights law, international refugee law, and international humanitarian law. These laws establish standards for refugee protection and migration policy, guaranteeing certain rights and freedoms for all people, regardless of their status or nationality.
Rights of Asylum Seekers
Asylum seekers are individuals who have fled their home country in search of safety and protection elsewhere due to persecution or a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. The right to seek asylum is protected by international law, and asylum seekers are entitled to certain protections, including the principle of non-refoulement, which guarantees that they will not be returned to a country where they face serious harm.
Rights of Refugees
Refugees are individuals who have been granted asylum and officially recognized as such by a host country. They have the right to stay in the host country without fear of deportation and access to education, healthcare, housing, employment, and family reunification. These rights are outlined in the 1951 Refugee Convention, its 1967 Protocol, and other human rights treaties.
Rights of Migrants
Migrants, regardless of their status, are entitled to the same international human rights as everyone else. These rights include freedom from arbitrary detention, torture, or collective expulsion, as well as access to healthcare, education, and other social services. States have an obligation to respect, protect, and fulfill the human rights of migrants, including the rights to personal and family life, non-discrimination, and safe and regular migration.
In summary, migrants, refugees, and asylum seekers have a range of rights that are protected by international law. These rights include freedom of movement, non-discrimination, safety, and access to basic services. It is the responsibility of host countries and states to respect and guarantee these rights, providing protection and support to individuals seeking asylum or migrating.
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Frequently asked questions
Yes, seeking asylum is legal. Asylum seekers must be in the U.S. or at a port of entry to request the opportunity to apply for asylum. However, since June 4, 2024, an executive order has curbed the legal right to seek asylum.
An asylum seeker is someone who has fled their home and is seeking protection in another country but has not yet received legal recognition. A refugee is a person who has been legally recognised and granted protection.
A refugee is a person who is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Title 42 was a U.S. policy that allowed officials to turn away migrants at the U.S.-Mexico border on the grounds of preventing the spread of COVID-19. It was in place from March 2020 until May 11, 2023.
