Political asylum is the right to live in a foreign country, granted by that country’s government to people who have fled persecution in their home countries. This protection, from which few people are ultimately granted, was first endorsed by the ancient Greek word asulon (asylum), meaning “sanctuary.”[1] People who seek asylum can do so either before they enter the United States at a port of entry or, more often, after they’ve arrived here and been physically present in the country for one year. The persecution a person is fleeing from can be based on any of five protected grounds: race, religion, nationality, political opinion, or membership in a social group.
Asylum seekers are often subject to prolonged periods of detention while waiting for their cases to be adjudicated. Several class-action lawsuits document the long waits—in some cases, years—of individuals found to have credible fears who are kept in immigration custody while their case is being reviewed.
In addition to seeking asylum, individuals may also be eligible for more limited forms of protection such as withholding of removal or relief under the Convention Against Torture. In order to receive these protections, an individual must prove that the reason they are targeted is at least one central factor in their persecution. For example, the Supreme Court decision in In re Kasinga established that fear of female genital mutilation can be considered persecution based on sexual orientation. Similarly, the Ninth Circuit in Pena-Torres v. Gonzales held that past persecution on account of homosexuality could be sufficient to establish eligibility for asylum.
