The right to asylum, or the legal protection that states should offer to people fleeing persecution, is a fundamental principle of international law. It was enshrined in the 1951 United Nations Convention Relating to the Status of Refugees and its additional 1967 protocol, as well as many other international and regional laws and treaties.

To qualify for asylum, a person must have suffered past or present persecution or have a well-founded fear of future persecution on the basis of one or more of the protected grounds. Applicants are required to submit their own testimony in support of their asylum claims and may also choose to bring witnesses or experts to testify on their behalf.

Individuals seeking asylum may file an affirmative application through USCIS or request withholding of removal or protection under the Convention Against Torture through an immigration judge in removal proceedings. In 2022, a new rule established a third path for certain individuals who arrive at the border and pass a credible fear interview that combines elements of both affirmative and defensive asylum processes on an expedited timeline.

Unlike refugees, asylum seekers do not move to another country in order to improve their lives; they do so to escape persecution or serious human rights violations. Asylum cases are often complex and lengthy, leading to significant backlogs which can leave families in limbo for years while they await a decision on their case. The uncertainty of their fate can also make it difficult for them to obtain employment, access education and trauma recovery services.