Asylum is a form of international protection granted to people fleeing persecution in their home country. People may seek asylum for many reasons – including war, extreme poverty, violence or human rights violations such as torture and persecution based on their race, religion, sexuality or political views. Millions of children, women and men across the globe are forced to flee their homes due to these circumstances.
Although the right of asylum has a long history, the current system is in crisis. The number of asylum-seekers has surged, and USCIS is struggling to process them all. In fiscal year 2022, USCIS received 239,000 affirmative asylum applications. This is a significant increase from FY 2021 and reflects changing global migration patterns.
USCIS has an obligation to process all asylum applications, and it must do so in a fair and impartial manner. But the agency is implementing a policy that violates these obligations. The National Immigrant Justice Center, in partnership with other civil rights groups, is challenging these inhumane policies in court.
Asylum seekers often face months or even years of detention while awaiting a decision on their claim for international protection. During this time, they are not allowed to work or attend school and are often denied access to attorneys. In addition, they are often deported without ever having an opportunity to apply for backstop forms of protection such as withholding of removal or relief under the Convention Against Torture. This truncated process does not respect their right to due process or their dignity as human beings.