Navigating the Complexities of Asylum and Refuge States in the US

Introduction :

Who are asylum seekers? 

Asylum seekers in the US:It’s a protection granted to individuals or foreign nationals already in the United States or arriving at the border who are claiming fear of persecution and are awaiting a decision on their asylum application.  (“Asylum.” USCIS, 22 July 2025, https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum. 

Who are refugees?

When a government accepts that your home country is unable or unwilling to ensure your protection and allows you to remain in their country in order to stay safe. In another way, someone who has successfully gone through a refugee status determination (RSD) process due to a well-founded fear of persecution or serious harm. (2)

What’s the difference between “a refugee” and “an asylum seeker”?

• Refugees are outside their home country; asylum seekers may be in the host country.
• Refugees have been granted protection. Asylum speakers are still in the application process 
•  Refugees typically go through resettlement; asylum seekers apply for protection after arriving

What the Refugee Act of 1980

The Refugee Act of 1980 adopted UN definition of “refugee”—which is that a refugee is someone with a “well-founded fear of persecution” based on race, religion, nationality, social group, or political opinion—aligning US law with international standards. It also established a formal asylum process, and a clear legal pathway was created for individuals who were already present in U.S to seek asylum. The Act also provided for an increase in annual refugee admissions, raising the annual ceiling for the refugee admission limit to 50,000 per year, and a mechanism during emergencies to adjust this limit after consulting with Congress.

The Act also facilitated the creation of the Office of Refugee Resettlement (ORR). This office funded and managed the federal programs for refugee resettlement; it also provided resources for employment training, language assistance, and other support services to help refugees become self-sufficient.

Legal frameworks in USA:

The Act also modified the US policies favoring those fleeing communist countries, by creating a more universal and humanitarian approach to refugee admissions by removing geographical and ideological restrictions. The Act was grounded in international agreements and humanitarian principles, and it was essentially aimed at creating a permanent, systematic,  and comprehensive approach to refugee admissions and resettlement in the US.

Who are eligible for Asylums according to the US laws?

• Who meets the definition of refugee?
• Who are already inside the United States.
• Who are seeking admission at a port of entry.

There are two main  types of  Asylum, who can be a applicant under the US Laws

1. Affirmative Asylum: An applicant must be physically present in the United States, regardless of their current immigration status (this should be filled within one year of arriving in the United States).
2. Defensive Asylum: This by an individual seeking to request a  defense against removal or deportation from the United States.

Rights of Asylum Seekers 

• An individual who demonstrates a well-founded fear of persecution in their country of origin retains the right to seek asylum and apply for protection within the jurisdiction of the United Nations. In accordance with applicable domestic and international legal obligations.
• A fundamental right is non-refoulement, meaning they cannot be returned to their country of origin if they face serious harm or persecution there.
• Right for fair process : when they are in the process of their application, seekers have the right to  access legal assistance to help to navigate the complex 
• Access the legal resource : while not always guaranteed, seekers have the right to access legal assistance  to help navigate the complex immigration system
•  Claim the rights of Human right, to be treated humanely during their time in the US

Key words: Refugee, Asylum  seeker, Immigration, non-refoulement, Human Rights, Obligation, Persecution 

Landmark case laws:

1. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987):

The judgement clarified that asylum law under 101(a)(42) requires a lower burden of proof than withholding of deportation, thereby expanding protection for asylum seekers. The Supreme Court held that an asylum applicant need not prove that  persecution is more likely than not to occur; instead “well-founded fear’.

• Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996):

The significance of this landmark judgment is that it was the first case in the USA to explicitly recognize gender-based violence (specifically FGM) as grounds for asylum. Expanded the interpretation of the particular social group to include gender, culture, and opposition to harmful traditional practices. This judgment also included the international principles of human rights. (5) 

Conclusion:

A recent  empirical analysis by 3 legal scholars described the US asylum process as a game of  “Refugee- roulette,” having said that the outcome of asylum determinations depends in large part on the personality of the particular adjudicator to whom an application is randomly assigned, rather than on the merits of the case.A recent development in the status of asylum seekers in the US is not explicitly in the rules, but there will be a significant change announced in July 2025—it involves denying bail hearings to immigrants who entered the US illegally, potentially requiring them to remain in detention throughoutthe deportation process. U.S. asylum seekers face a legal system shaped by humanitarian principles but complicated by shifting government policies and political debates. The present government emphasizes stricter border controls and expedited processing, creating complex challenges for immigrants navigating detention, backlogs, and evolving eligibility standards.