adminA form of protection granted to people whose lives, physical integrity or freedom are at risk in their country of origin, asylum is a legal status that can be offered by governments. People seeking asylum have a right to be recognized as refugees under international law, and those who receive refugee status can live in safety and gain a path to citizenship.
Individuals who are denied asylum may appeal the decision in immigration court, and those who are apprehended by ICE or Customs and Border Protection can file an affirmative application for asylum. Many people who are not granted asylum are referred for a psychiatric evaluation to determine whether they meet the legal requirement of having a well-founded fear of persecution on one of five protected grounds: race, religion, nationality, political opinion or membership in a social group.
In our sample, almost all individuals found to be credible in their claim of a well-founded fear of persecution reported that they would face significant repercussions or even death if they were forced to return home. Ninety percent also reported that they believed their mental distress symptoms, including major depression and posttraumatic stress disorder (PTSD), would significantly worsen if they were returned to their countries of origin.
Due to backlogs in the processing of asylum cases and the difficulty in retaining pro bono attorneys that are able to take on such cases, people seeking asylum often remain in limbo for years while their case is pending. This can cause family separation, limit employment opportunities and impede access to needed support services like trauma counseling.
