Asylum

Under the Refugee Act of 1980, which carried out the 1951 Refugee Convention and its 1967 Protocol, a person physically present in the United States or arriving at the border may apply for asylum if they have suffered persecution or have a well-founded fear of it because of race, religion, nationality, political opinion, or membership in a particular social group. Applicants must generally apply within one year of arriving. Those granted asylum can work, bring a spouse and children, and apply for a green card after a year.

People not in deportation proceedings apply affirmatively to U.S. Citizenship and Immigration Services and are interviewed by asylum officers. Others apply defensively before immigration judges as a defense against deportation. People stopped at the border in expedited removal first receive a credible fear screening. Two related protections, withholding of removal and protection under the Convention Against Torture, have stricter standards but can protect people barred from asylum. A 2025 law added an application fee and an annual fee while a case is pending.

Asylum claims rose sharply in the 2010s and early 2020s, and the immigration court backlog passed 3.7 million cases in late 2024, with asylum cases the largest share. In January 2025 a proclamation suspended asylum at the southern border, parts of which courts ruled unlawful, and after a shooting in Washington in November 2025, USCIS froze asylum decisions, partly resuming them for applicants from most countries in March 2026. Supporters of limits say many claims are weak and encourage illegal crossings, while advocates say the right to seek asylum is guaranteed by law and treaty.