Sign up to receive justice news, periodic Action Alerts, and/or updates from the Do Justice blog.
A Brief History of Asylum
Asylum status is historically entwined and chronically confused with refugee status. Our modern-day understanding of refugee status was born of the horrors of World War II and the subsequent number of people displaced due to the global conflict. Following the war, the United Nations (UN) formed. In collaboration with the UN, the United States allowed over 40,000 displaced people to enter according to a preset quota allotment (as legal refugee status did not yet exist).
It wasn’t until a few years later, with the Displaced Persons Act of 1948, that people seeking safety in the United States were granted a particular legal status of “displaced person”. This act allowed thousands of Europeans to be resettled into the United States, but was criticized for its anti-Semitism (which was not remedied until 1950) and did not provide a uniform and comprehensive definition such as what we now use to define “refugee.”
Three years later, the United Nations 1951 Refugee Convention created the first uniform definition for displaced people: refugee. A refugee is defined as, “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”
The United States officially adopted this definition with the Refugee Act of 1980. This act also tasked the President with deciding the maximum number of refugees the U.S. could resettle each year and established the legal basis for seeking asylum. For the next two decades, refugee and asylum admissions in the United States were managed by the former Immigration and Naturalization Services (INS).
Following the September 11, 2001, (“9/11”) attack on the World Trade Center, however, the United States refugee and asylum admissions program was put on hold for more than two months. Subsequently, INS split into three organizations: U.S. Citizenship and Immigration Services (USCIS), U.S. Immigrations and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP), all of which are currently active and are housed under one umbrella agency called the Department of Homeland Security. Of the three, USCIS oversees the United States refugee admissions and affirmative asylum claims. The Department of Justice and Customs and Border Protection are responsible for defensive asylum claims.*
Since the 2010 fiscal year, USCIS has granted asylum to more than 275,000 asylum-seekers needing to be resettled in the United States.
To find out more about the current state of the asylum program in the U.S., you can sign up for our Immigration Newsletter, where we review the month’s important updates, or you can search “asylum” in the search tab of the Do Justice blog.
The Canadian asylum system has many key differences from the US. If you have questions about the specifics of the Canadian system please contact our partners at the Center for Public Dialogue.
* There are two forms of asylum in the United States: affirmative and defensive. People seeking affirmative asylum are those who are not in removal proceedings, meaning the United States government is not actively seeking to deport them. Most affirmative asylum seekers entered the United States using some form of temporary visa or were able to cross the border undetected and are voluntarily availing themselves of the protection of the United States by way of the asylum program. People seeking defensive asylum are doing so as a remedy to removal proceedings, meaning the United States government is actively seeking to deport them after they were detained at or near a port of entry and were determined to be in the United States without lawful status, necessitating the initiation of removal proceedings even where the people clearly indicated a well-founded fear of return to their country of origin. Both methods of seeking asylum are lawful with precedent in both international law and United States law.
Fast Facts
- Requesting asylum is both lawful and a legal right provided for under international and U.S. immigration law and treaties.
- Many countries allow asylum requests, not just the United States.
- Asylees (people who are granted asylum) are thoroughly vetted for potential threats to national security by way of comprehensive background checks and rigorous interviews.
- Asylum status is one of the most difficult immigration remedies to obtain due to the very narrow definition of “refugee” which is what the U.S. legal system uses to determine if a person warrants asylum status in the United States.
- For helpful infographics and statistics about asylum, check out this resource from Lighthouse Immigration Advocates.