Asylum

The process by which the United States grants asylum is extremely complex, partly because it takes place in two different agencies. One is the U.S. Citizenship and Immigration Services (USCIS), located in the Department of Homeland Security.

The other is the Executive Office for Immigration Review (EOIR), located in the Justice Department. In addition to being under the purview of separate agencies, the asylum process is further complicated by the fact that it has multiple entry points and multiple exit points.

What is Asylum and Who are Asylum Seekers?

Asylum, in simple terms, is legal protection against deportation. It is the status sought by non-US citizens who enter the U.S., either legally or illegally, asking for refuge based on claims of persecution or fear of persecution in their home country. Although refugees outside the country may ask for the same protection from the U.S. based on the same fear of persecution, asylum seekers are differentiated because they have already entered the country while refugees have not.

Overview of the Asylum Process

There are two routes to gaining asylum:

Affirmatively through a USCIS asylum officer or
Defensively with an immigration judge as part of a removal hearing.

The way an asylum seeker enters the process plays a role in the eventual outcome.