5 Things to Know About Seeking Asylum in the U.S.
Who is an asylum seeker?
Asylum seekers are individuals who flee their home countries for fear of being persecuted based on their race, religion, nationality, social group or political opinion. To find lasting protection in the U.S., they must formally prove that their fear is well-founded and that it would be unsafe for them to return home.
The right to apply for asylum has been considered sacred for centuries and is enshrined in both international conventions and U.S. law. Still, asylum is the subject of much debate and is often misunderstood.
Here are five things to know about seeking asylum in the U.S.
1. The difference between an asylum seeker and a refugee is how they apply for protection and from where.
The Refugee Act of 1980 formally established both the U.S. Refugee Admissions Program and the process for seeking asylum in the U.S. The goal was to create a fairer and more standardized process through which people fleeing persecution could rebuild their lives in the U.S.
Within this process:
- Refugees apply to come and live in the U.S. from the temporary safety of a third country. Out of millions of applicants each year, only a small fraction receive referrals from UN agencies, NGOs, or the U.S. Embassy to begin the resettlement process. Those referred then live in refugee camps or other temporary housing while undergoing a screening process that often lasts years before they can gain admission.
- Asylum seekers are people who do not have access to this pathway but are in immediate danger. Often undertaking long and dangerous journeys, they make their way to the U.S. and apply for protection when they first reach the border or from within the U.S.
When successful, both entry paths can lead to permanent legal protection, temporary resettlement support with the aim of enabling self-sufficiency as quickly as possible, and pathways to citizenship.
Since 2025, both pathways have been limited through executive orders that are subject to ongoing court challenges.

2. There are two main ways to apply for asylum: affirmative and defensive.
In affirmative cases, applicants proactively apply to U.S. Citizenship and Immigration Services (USCIS) and are interviewed by an asylum officer to prove their claim.
Defensive cases are filed when people facing deportation claim that they would be returning to life-threatening conditions. These cases are decided by an immigration judge in court with government attorneys arguing for deportation. Many applicants face these hearings without a lawyer arguing on their side.
As access to the affirmative asylum process has become more limited, more people are being pushed into the defensive system. One recent development is the use of a new “expedited” approach, in which USCIS agents pre-screen asylum seekers before they can apply affirmatively, raising significant due process concerns. Those who pass the pre-screening are often placed directly into defensive asylum proceedings in immigration court.
3. There is no fast or guaranteed pathway to asylum.
Applying for asylum is an act of urgency and hope. Decisions do not happen quickly, and protection is not guaranteed.

Applicants must apply for asylum within one year of entering the country. To say that cases are backlogged would be an understatement—in recent years, more than one million asylum cases have been pending at a time, with wait times often stretching five years or more. This waiting period is a limbo in which travel is limited, families remain separated, and fears are constant.
When cases do reach review, applicants must navigate a complex legal process that may involve multiple hearings, detailed documentation requirements, and strict legal standards.
Though long and hard, this process is still preferable to returning to the danger they have fled or remaining stuck outside the border, where migrants are often preyed upon by criminals and other bad actors.
4. Asylum seekers work, pay taxes, and contribute while their cases are pending.
Asylum seekers are legally allowed to live in the U.S. while their cases are pending. Under current rules, after 150 days, they can apply for authorization to work, and then wait at least thirty days for processing. Once authorized they can support themselves and their families, pay taxes, and contribute to the local economy.
Many asylum seekers work in industries facing persistent labor shortages, including healthcare, direct caregiving, food service, and construction. Beyond economic participation, asylum seekers become part of their communities. They send their children to school, rent homes, join religious congregations, build social ties, and contribute to civic life.
If their cases are successful and they become “asylees”, they can apply for:
- green cards
- permission to travel internationally
- family members to join them in the U.S.
- citizenship
Each year, IINE helps thousands of asylum seekers to file these applications, as well as secure housing, access benefits, apply for work authorization, prepare for the workforce, and find employment.
5. The legal right to seek asylum in the U.S. has been systematically weakened and is now under attack.
Asylum has long been considered a sacred right. The term comes from the ancient Greek word “asylon,” which described spaces like shrines and temples from which a person being hunted by persecutors could not be seized or sent back into danger.

It has had a special meaning for the U.S., which held itself up as an example to the world of a strong and prosperous “land of the free” that welcomes those who have lived under tyranny to join and contribute, regardless of what they look like, where they come from, how they worship, or who they love.
Seeking asylum in the U.S. remains legal, but the system has become severely strained and undermined.
In recent years, the number of people forcibly displaced by war, political repression, and climate change has grown exponentially—but the U.S. asylum system has not kept pace. Rather than expanding the infrastructure needed to fairly evaluate claims, guide people to safety, and support integration, politicians have focused on preventing all migrants—including people seeking asylum—from reaching the border, blocking them once they arrive, and removing those who manage to get through.
Recent executive actions have unilaterally:
- closed legal entry points
- blocked people from applying between ports
- allowed deportations without full immigration court hearings
- added significant application and renewal fees
- tightened work authorization rules
- removed immigration judges en masse
- attempted to detain asylum seekers while their cases were pending
These actions have been challenged in court and continue to be adjudicated.
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Asylum seekers urgently need our support. You can help by sharing the truth about who they are, raising your voice about policies that restrict access and target applicants, and by donating to IINE so that we can continue to provide asylum seekers in New England with services they need to survive and thrive in our communities.





































