Lois Larson
The right to seek asylum is legal in the United States, and individuals can apply for asylum at a port of entry, including airports. However, the US government has implemented restrictive asylum policies, making it challenging for asylum seekers to enter the country. To apply for asylum, individuals must express their fear of returning to their country due to potential persecution based on race, religion, nationality, social group membership, or political opinion. They will then undergo a credible fear interview, which may result in detention or parole while their asylum claim is processed, which can take months or longer.
Characteristics of Claiming Asylum at USA Airports
| Characteristics | Values |
|---|---|
| Legal Status | Seeking asylum is legal. Asylum seekers must be in the U.S. or at a port of entry, such as an airport. |
| Requirements | Asylum seekers must demonstrate fear of persecution or past persecution in their home country due to race, religion, nationality, social group membership, or political opinion. |
| Process | After declaring fear of returning, asylum seekers undergo a credible fear interview. Passing this interview allows application for asylum with an immigration judge, which may take months or longer. |
| Detention | Asylum seekers may be detained at the airport or a detention center during the application process but can request parole to remain free. |
| Eligibility | Certain individuals entering through the southwest land border or adjacent coastal borders are presumed ineligible for asylum unless they can demonstrate an exception or rebut the presumption. |
| Application Form | Form I-589, Application for Asylum and Withholding of Removal, must be filed within 1 year of arriving in the U.S. Any criminal history must be disclosed. |
| Timeline | A decision on the asylum application is typically made within 180 days of filing. |
| Interpreter | As of Sept. 13, 2023, applicants must bring their interpreter (18+ years, fluent in English and applicant's language) if they are not fluent in English. |
| Legal Provisions | Section 208 of the INA and 8 CFR 208 govern eligibility and procedures for the Asylum Program. Case law is also referenced by asylum officers. |
| Restrictions | The U.S. government has restricted asylum access at borders. Proclamation 10888 (issued by Trump) indefinitely suspends the right to seek asylum at the southern border, declaring arrivals as an "invasion." |
| Humanitarian Impact | Restrictive U.S. asylum policies have shifted humanitarian needs to neighboring countries like Mexico, where asylum seekers face risks of violence and exploitation during prolonged waits for U.S. entry. |
Explore related products
What You'll Learn
- Asylum seekers must be physically present in the US or at a port of entry, such as an airport
- Seeking asylum is legal, but the US government has severely restricted access
- Asylum seekers must tell the officer they fear returning to their country
- The asylum process can take months or longer and may involve detention
- Asylum seekers can find an attorney to help them at their credible fear interview
Asylum seekers must be physically present in the US or at a port of entry, such as an airport
To seek asylum in the US, you must be physically present in the country or at a port of entry, such as an airport. This means that asylum seekers must have already entered the US, either by land or air, to request the opportunity to apply for asylum.
While seeking asylum is legal, the US government has severely restricted access to asylum at the border. On January 20, 2025, President Trump issued Proclamation 10888, which indefinitely suspends the right to seek asylum at the southern border. This proclamation does not provide any exceptions for people seeking asylum at official ports of entry, including airports.
Upon arrival at a US airport, individuals seeking asylum will get in line for the inspection point with everyone else. At the inspection point, the asylum seeker must tell the officer that they are afraid of returning to their country. By applying for asylum, you are claiming refugee status, which means you are afraid of persecution or have been persecuted in your home country because of race, religion, nationality, membership in a particular social group, or political opinion. Once you have stated your fear of returning, the officer cannot deport you and will either keep you at the airport or take you to a detention center.
From there, you have the right to find an attorney to help you at your credible fear interview. If you pass this interview, you can apply for asylum with an immigration judge. This process may take months or even longer, and you may be kept in detention during this time. However, you can ask for parole, which allows you to be free while you apply for asylum. Asylum seekers must file Form I-589 within one year of arriving in the US, disclosing any criminal history on the form and during their asylum interview.
Airport Security: Metal Water Bottles, Allowed or Not?
You may want to see also
Explore related products
Seeking asylum is legal, but the US government has severely restricted access
Despite established rights under US and international law, the US government has severely restricted access to asylum at the border. On January 20, 2025, President Trump issued Proclamation 10888, which indefinitely suspends the right to seek asylum at the southern border. The order refers to people arriving at the border as an "invasion" and claims that the administration can block asylum and other humanitarian protections until the "invasion" has ended. This proclamation does not provide any exceptions for people seeking asylum at official ports of entry, including unaccompanied children or trafficked individuals.
However, seeking asylum is legal, and asylum seekers must be in the US or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum. To seek asylum, you must already be in the US and believe you will be in danger of persecution if you return to your country. This danger of persecution must be due to your race, religion, nationality, membership in a particular social group, or political opinion. If you want to apply for asylum, tell the officer at the inspection point that you are afraid of returning to your country. The officer will either keep you at the airport or take you to a detention center, and you cannot be deported.
To obtain asylum through the affirmative asylum process, you must be physically present in the US and file Form I-589 within 1 year of arriving. You must disclose any criminal history on this form and at your asylum interview, or your claim may be referred to immigration court, resulting in fines or imprisonment for perjury. You will also need to bring an interpreter to your interview if you are not fluent in English. If you pass the credible fear interview, you can apply for asylum with an immigration judge, a process that may take months or longer. The government may try to keep you in detention during this time, but you can ask for parole, which allows you to be free while you apply.
USCIS will continue to apply the CLP rule, which presumes that certain individuals entering the US through its southwest land border or adjacent coastal borders are ineligible for asylum. However, individuals may demonstrate an exception to this rule or rebut the presumption. In most cases, a decision will be made on your asylum application within 180 days after you file.
Burbank Airport: International Flights, Where and How?
You may want to see also
Explore related products
Asylum seekers must tell the officer they fear returning to their country
Asylum seekers must be physically present in the US to request the opportunity to apply for asylum. This can be done at a port of entry, such as an airport. After getting off the plane, the asylum seeker will join the line for the inspection point with everyone else. Here, it is crucial that the asylum seeker communicates their fear of returning to their country of origin to the officer. They must explicitly state that they are afraid of persecution or have been persecuted in their home country due to race, religion, nationality, membership in a particular social group, or political opinion. Once this is expressed, the officer cannot deport the asylum seeker. Instead, the officer will either keep them at the airport or take them to a detention center.
At this stage, asylum seekers have the right to find an attorney to help them with their credible fear interview. If they pass this interview, they can proceed to apply for asylum with an immigration judge. This process may take months or even longer. During this time, the asylum seeker may be kept in detention, but they can request parole, which allows them to be free while their asylum application is processed.
It is important to note that asylum seekers must disclose any criminal history on their Form I-589, Application for Asylum and for Withholding of Removal. Failure to do so may result in their asylum claim being referred to immigration court and possible fines or imprisonment for committing perjury. The legal provisions governing the Asylum Program can be found in Section 208 of the INA, and eligibility requirements and procedures are outlined in 8 CFR 208. Asylum seekers are encouraged to use lawful, safe, and orderly pathways to enter the United States.
Additionally, as of September 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish for their interview to be conducted in their native language. The interpreter must be at least 18 years old and fluent in English and the applicant's native language. In most cases, a decision on the asylum application will be made within 180 days of filing.
Airport Police: Can They Issue Tickets?
You may want to see also
Explore related products
The asylum process can take months or longer and may involve detention
The asylum process can be lengthy and complex, often taking several months or even years. It involves multiple steps and requirements that applicants must navigate, and detention is a possibility during this process.
Upon arrival at a US airport, asylum seekers must declare their fear of returning to their country due to persecution or the risk of persecution based on race, religion, nationality, social group membership, or political opinion. At this point, officers may detain individuals at the airport or transfer them to a detention center. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) mandates that asylum seekers at ports of entry be detained, even after their claims are deemed credible. However, if officials determine that applicants are unlikely to flee and do not pose a safety threat, they may be released on parole with GPS monitoring.
The next step is the credible fear interview, which assesses the asylum seeker's fear of persecution or torture in their home country. If the asylum seeker passes this interview, they can proceed to apply for asylum with an immigration judge. If they do not pass, they may seek review by an immigration judge to appeal the negative decision. This step can be critical, as studies show that detention negatively impacts an individual's asylum application, making it nearly five times less likely for them to secure legal counsel.
The length of the asylum process can vary depending on whether the asylum seeker files affirmatively (while physically present in the US) or defensively (during removal proceedings). The affirmative asylum process involves an interview with a USCIS officer, who decides whether to grant asylum. If denied, the case is referred to an immigration judge for further review. The defensive asylum process involves applying for asylum through an immigration court. The timeframes for these processes differ, with the affirmative process requiring a decision within 180 days of the application date, while the defensive process can take longer due to court backlogs and varying approval rates.
The complexity of asylum petitions, changing policies, and backlogs in the system can contribute to delays. Asylum seekers often face challenges in obtaining legal representation, which can impact their chances of success. The Biden administration introduced the Dedicated Docket to expedite family immigration proceedings, but it has faced criticism for its limited impact and due process concerns.
Airport Scanners: Can They Detect Vapes?
You may want to see also
Explore related products
![Immigration Law Pocket Field Guide 2025 Edition [LATEST EDITION]](https://m.media-amazon.com/images/I/51EuQoWa2OL._AC_UL320_.jpg)
Asylum seekers can find an attorney to help them at their credible fear interview
Yes, a person can claim asylum at USA airports. Asylum seekers must be in the U.S. or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum. By applying for asylum, you are claiming refugee status. A refugee is someone who fears persecution or has been persecuted in their home country because of race, religion, nationality, membership in a particular social group, or political opinion.
To obtain asylum through the affirmative asylum process, you must be physically present in the United States. When you arrive at the U.S. border and express fear of returning to your home country, you will be asked to undergo a credible fear interview to assess whether your claims are valid. This interview is a crucial step in the asylum application process, determining whether a person fleeing their home country has a legal ground to claim asylum under United States immigration law.
Immigration attorneys can provide other legal services, such as helping with an adjustment of status to that of a permanent resident or providing legal representation if facing deportation. An attorney can offer tailored advice, help prevent common mistakes, and guide you in filing your asylum claims. Meeting with a lawyer can help you understand your options and protect your rights.
X-ray Vision: 35mm Film and Airport Security
You may want to see also
