Sachin Walls
Asylum is a form of protection granted to individuals who can demonstrate a well-founded fear of persecution and are thus unable or unwilling to return to their country. While seeking asylum is legal, the process can be lengthy and complex. In the US, asylum seekers can request asylum at a port of entry, such as an airport, or within the country. However, there have been recent barriers and challenges, including proclamations suspending asylum at the southern border. In the UK, asylum seekers must apply for asylum and undergo a screening process, but they are generally not allowed to work during this time.
| Characteristics | Values |
|---|---|
| Can someone apply for asylum at an airport? | Yes, seeking asylum is legal. Asylum seekers must be in the country or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum. |
| Who can apply for asylum? | Asylum seekers are individuals who have fled their home countries in search of safety and protection in another country because they fear persecution or danger. |
| What is the process of applying for asylum? | Upon arrival at the airport, individuals will get in line for the inspection point. At this point, an officer will examine travel documents, take fingerprints, and ask questions about the purpose of the trip. If the officer believes the individual has a credible fear of persecution, they will be scheduled for a full hearing with an immigration judge. |
| What are some challenges of applying for asylum? | There may be case processing delays, and asylum seekers are not usually allowed to work while their claim is being considered. Additionally, there have been recent political efforts to restrict asylum applications, particularly at ports of entry. |
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What You'll Learn
- Asylum seekers must be in the US or at a port of entry to request asylum
- Asylum seekers can be kept in detention or paroled into the US
- Seeking asylum at the US border is legal, but there are barriers
- Asylum seekers in the US face delays and barriers to employment
- Nonprofits and NGOs can support asylum seekers in the US
Asylum seekers must be in the US or at a port of entry to request asylum
Asylum seekers must be physically present in the US or at a port of entry to request asylum. This is because the right to seek asylum is incorporated into US law, and international law recognizes that asylum seekers should receive certain protections before a state has officially recognized them as refugees.
At the US border or port of entry, asylum seekers have the legal right to request asylum without being criminalized, turned back, or separated from their children. They must inform the Customs and Border Protection (CBP) inspections officer that they fear returning to their country and wish to apply for asylum. However, there are several barriers to this process. Firstly, the CBP officer has the power to quickly deem migrants inadmissible and deport them, which can result in a five-year ban from the US. Secondly, the Trump administration issued Proclamation 10888, which indefinitely suspended the right to seek asylum at the southern border, claiming that migrants were an "invasion". While this proclamation is currently being legally challenged, it highlights the challenges asylum seekers may face when attempting to enter the US.
If an asylum seeker passes the credible fear interview at the border, they can apply for asylum with an immigration judge. This process can take months or even longer, and the asylum seeker may be kept in detention during this time. To avoid detention, they can request parole, which allows them to remain free while applying for asylum. Parole may be granted if the asylum seeker proves their identity, demonstrates that they will attend immigration hearings, and poses no danger to the community.
While it is possible to request asylum at a US port of entry, some sources suggest that it may be preferable to wait until one is physically in the US to apply. This could be due to the challenges and uncertainties associated with the border inspection process. Asylum seekers should seek legal advice and be aware of their rights and options before making their request for asylum.
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Asylum seekers can be kept in detention or paroled into the US
Asylum seekers can legally request asylum at a US airport, which is considered a port of entry. However, there are several challenges and risks associated with this strategy. Firstly, there is a risk of being quickly deemed inadmissible and deported by the Customs and Border Protection (CBP) inspections officer, which would result in a ban from re-entering the US for five years. This can occur if the officer believes there is any misrepresentation or fraud in the asylum seeker's claim.
Additionally, the Trump administration's "Migrant Protection Protocols" or "Remain in Mexico" program has further complicated the process. This program prevents asylum seekers from entering the US while awaiting the hearing of their claims. Furthermore, on January 20, 2025, President Trump issued Proclamation 10888, indefinitely suspending the right to seek asylum at the southern border, without providing exceptions for official ports of entry.
While it is legal to seek asylum at a US airport, the process can be complex and challenging. Asylum seekers may encounter barriers and delays, and there is a risk of deportation if their claim is not carefully presented. It is recommended to seek legal assistance from nonprofit organizations that offer low-cost or free help to asylum seekers.
Upon arrival at the airport, asylum seekers will undergo an inspection process. Officers will examine travel documents, take fingerprints and photographs, and ask questions about the purpose of the trip and accommodation plans. They may also inspect electronic devices, including messages, photos, and videos.
During the asylum application process, asylum seekers may be kept in detention. However, they can request parole, which allows them to be free while their application is pending. To be granted parole, asylum seekers must prove their identity, demonstrate that they will attend immigration hearings and show that they do not pose a danger to the community. Parole provides asylum seekers with the opportunity to live in the community while awaiting the outcome of their asylum claim.
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Seeking asylum at the US border is legal, but there are barriers
Seeking asylum is a legal process of requesting protection for individuals who are unable or unwilling to return to their country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The right to seek asylum was incorporated into international law following World War II, and the United States adopted key provisions of the Refugee Convention into its immigration law with the Refugee Act of 1980.
While seeking asylum at the US border is legal, there are significant barriers in place that make it difficult for asylum seekers to exercise their rights. The US government has imposed various restrictions on asylum seekers, particularly at the southern border with Mexico. For example, in 2023, the government restricted asylum eligibility for those who cross between ports of entry, and in 2025, the Trump administration issued a proclamation suspending the right to seek asylum at the southern border indefinitely. These actions have effectively blocked asylum seekers from accessing their legal right to protection.
Additionally, asylum seekers face other challenges, such as language barriers, racism, discrimination, and violence. They may also encounter systemic barriers within the asylum process itself, including lengthy backlogs and strict deadlines. The process of applying for asylum can be lengthy and complex, and asylum seekers may be detained during this time. Access to legal counsel while in Customs and Border Protection (CBP) custody has also been a concern.
Despite these barriers, organizations like the International Rescue Committee (IRC) provide support to asylum seekers through legal assistance, case management, and information services. Asylum seekers can also apply for parole, which allows them to be free while their asylum application is pending. It is important to note that asylum is considered a "`discretionary`" status, meaning that even individuals who meet the definition of a refugee may be denied asylum.
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Asylum seekers in the US face delays and barriers to employment
Asylum seekers in the US face significant delays and barriers when attempting to enter the country and apply for asylum, as well as challenges in obtaining employment while their asylum applications are processed.
Firstly, it is important to understand the asylum-seeking process in the US. To be granted asylum, an individual must meet the international law definition of a "refugee". This definition, as outlined in the United Nations' 1951 Convention Relating to the Status of Refugees, describes a refugee as someone who is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, social group membership, or political opinion.
The process of seeking asylum in the US often begins at the border or a port of entry, such as an airport. Upon arrival, asylum seekers must undergo an inspection process, which includes presenting travel documents, being fingerprinted, and photographed. They may also be subjected to interviews to determine their reasons for seeking asylum. It is crucial for asylum seekers to answer these questions truthfully.
However, even before reaching this stage, asylum seekers may encounter challenges due to policies that restrict their right to seek asylum. For example, in 2025, President Trump issued Proclamation 10888, which indefinitely suspended the right to seek asylum at the southern border, claiming that those arriving were an "invasion". Such actions have been criticized for violating international law and refugee protection standards, forcing asylum seekers to resort to more dangerous routes.
Once asylum seekers have entered the US, they face further obstacles in obtaining employment while their asylum applications are processed. There is a mandatory wait period of at least 180 days before asylum seekers can receive employment authorization. This delay limits their ability to provide for themselves and their families, increasing their vulnerability to exploitation and abusive situations. Additionally, the uncertainty of their future status impedes long-term employment opportunities.
To address these challenges, the Asylum Seeker Work Authorization Act (H.R. 1325) has been proposed as a bipartisan bill. This legislation aims to expedite work permits for asylum seekers, reducing the wait time from 180 days to 30 days. Such a change would enable asylum seekers to better support themselves and fill critical gaps in the US labor market.
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Nonprofits and NGOs can support asylum seekers in the US
Asylum seekers in the US can face numerous challenges, from the complexities of immigration to the trauma of fleeing their homes. Nonprofits and NGOs can provide vital support to asylum seekers in several ways.
Firstly, they can offer emergency assistance and practical support. This may include providing food, shelter, and other basic necessities to asylum seekers who may have limited resources and be struggling to meet their fundamental needs. Nonprofits can also assist with legal aid, helping asylum seekers navigate the complex legal process of applying for asylum and ensuring they have access to justice. This can involve connecting them with pro-bono attorneys or providing them with information on their rights and the asylum process.
Advocacy is another critical role for nonprofits and NGOs. They can advocate for the rights of asylum seekers, ensuring that their voices are heard and that they are treated humanely and fairly throughout the process. This includes campaigning for policy changes that protect asylum seekers and challenging any inhumane or unjust practices. For example, Refugee Council USA (RCUSA) is a coalition of US-based nonprofits that advocates for the rights of forcibly displaced people and works to ensure the US leads the way in welcoming programs, including asylum and refugee resettlement.
Furthermore, nonprofits and NGOs can provide support services that aid in the long-term resettlement and integration of asylum seekers into their new communities. This may include offering language classes, job training, and other educational programs to help them adapt to their new lives and become self-sufficient. Mental health support is also crucial, as many asylum seekers have experienced trauma and may be struggling with the emotional challenges of displacement.
Additionally, some organizations focus on specific communities, such as the Chinese American Service League (CASL), which provides social services to Chinese American families, or the Hispanic Federation, which supports Latinx communities with education and health programs. By catering to the unique needs of diverse populations, these organizations ensure that asylum seekers from various backgrounds can access the support they need.
Overall, nonprofits and NGOs play a vital role in supporting asylum seekers in the US, from providing basic needs and legal aid to advocating for their rights and helping them rebuild their lives.
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Frequently asked questions
Yes, someone can apply for asylum at an airport. However, there are some things to keep in mind. For example, in the US, the Customs and Border Protection (CBP) officer may quickly find migrants inadmissible and deport them, which can ruin one's hopes of applying for asylum.
At the inspection point, the officer will look at your travel documents, take your fingerprints, and photograph you. They will also ask questions about your travel documents, such as why you are coming to the country and who you will be staying with. It is important to answer truthfully.
The officer may let you into the country or take you to another inspection point for further questioning. If you pass the credible fear interview, you can apply for asylum with an immigration judge.
A credible fear interview is conducted to determine if you have a credible fear of persecution in your home country. If the asylum officer finds that you do have a credible fear of persecution, you will be scheduled for a full hearing.
If you are seeking asylum in the UK, you must apply as soon as you arrive in the country or as soon as you think it would be unsafe to return to your home country. After submitting your application, you will have a meeting with an immigration officer, also known as a 'screening'.
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