People around the world seek to rebuild their lives in a new country because they cannot return home safely due to war, persecution or human rights violations like torture. Millions of asylum seekers and refugees are currently in exile. These people, including children, single mothers and survivors of sexual violence and genital mutilation, are vulnerable to a range of health issues, from psychological distress to physical trauma.
In the United States, an individual can request asylum by filing a defensive case with an immigration judge in front of the Executive Office for Immigration Review, part of the U.S. Department of Justice. An individual can hire an attorney to represent them or they may choose to represent themselves. A government attorney from ICE, the agency that enforces immigration law and handles asylum cases, can also be present at this hearing.
A successful asylum case requires an individual to prove that they meet the legal definition of a refugee. To do so, they must show that they have suffered past persecution on one of the protected grounds in their country of origin or that they have a “well-founded fear” of future persecution.
Because asylum is a discretionary form of protection, individuals can be denied asylum even if they meet the legal requirements to qualify for refugee status under international law. However, for those individuals who are rejected for asylum, backstop forms of protection such as withholding of removal and relief under the Convention Against Torture can offer limited but vital safety nets to keep them safe and give them a pathway to legal permanent residency.
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