A Full Definition of Asylum: Understanding Protection and Refuge
Every year, countless individuals leave their home countries to escape persecution, violence, or discrimination based on their race, religion, nationality, political opinion or social group. In search for safety and refuge, they seek asylum in other countries. Asylum is a fundamental human right, protected by international law, and it provides a vital lifeline for those in need of protection. In this article, we will explore the full definition of asylum, including the legal basis, procedures, and experiences of those seeking asylum.
What is Asylum?
Asylum is a legal protection that gives refugees the right to claim sanctuary in another country. It is granted to individuals who are fleeing persecution or the fear of persecution in their home country. In essence, asylum is a form of protection for individuals who are unable or unwilling to return to their home country because of a well-founded fear of persecution.
Asylum is not a right that is granted to everyone who seeks it, but rather it is a protection that is granted to those who meet the refugee definition under international law. According to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, a refugee is a person who:
“”Owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.””
This definition shows that asylum is founded on the principle of protection for refugees who are unable to find safety in their home country due to government policies, discrimination, or persecution. In seeking asylum, refugees aim to escape threats to their safety, torture, violence, imprisonment, or even death.
Legal Basis for Asylum
The right to asylum is based on international law, including the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The Convention defines the rights of refugees and the legal obligations of States to protect them, including the rights of refugees to seek asylum and have access to legal, social, and economic rights. As of 2021, 149 countries have ratified the Convention, making it the most widely recognized treaty on refugees.
In the United States, the legal basis for asylum is the Immigration and Nationality Act (INA), which defines a refugee and the legal means by which asylum may be granted. Asylum seekers must demonstrate that they meet the definition of a refugee and are ineligible for removal under international laws. In general, qualifying for asylum involves meeting the definition of a refugee, showing that they were persecuted or fear persecution, and demonstrating that their persecution is on one of the protected grounds under the refugee definition.
The Process of Seeking Asylum
The process of seeking asylum varies by country, but the general principle is that asylum seekers must apply for asylum in the country where they seek protection. Asylum seekers must present their claim for asylum to the appropriate authorities and provide evidence of their fear of persecution. The process usually involves interviews, medical examinations, background checks, and investigations to determine the credibility of the applicants’ fear of persecution.
In many countries, there are specific procedures for applying for asylum, including deadlines, forms, and documentation requirements. In the United States, asylum seekers must file their applications within one year of arriving in the country. Asylum seekers are also required to attend hearings, present their case before an immigration judge, and may appeal decisions made by the immigration authorities.
Experiences of Asylum Seekers
Seeking asylum can be a daunting and complicated process, and it often involves facing numerous challenges. Asylum seekers are often forced to leave their home countries with very little, if any resources, and they face numerous risks as they travel to their destination country. The journey may involve crossing borders illegally, being detained, being exploited by traffickers, and facing violence and exploitation.
Moreover, in the destination country, they may face challenges such as language barriers, discrimination, and cultural isolation. They may struggle to find housing, employment or access to healthcare, education, and social services. They may face legal challenges, such as being denied the right to work or being detained while waiting for their asylum application to be processed.
Asylum seekers may also experience trauma, due to the violence and persecution they faced in their home country, which may affect their mental health. The process of seeking asylum, including the interviews, the hearings, the waiting, and the uncertainty can be highly stressful, causing asylum seekers to suffer from anxiety, depression, and other mental health conditions.
Recent Developments in the United States
The asylum process in the United States has undergone significant changes in recent years, with new policies and procedures that have made it harder for asylum seekers to obtain protection. These developments include:
The Migrant Protection Protocols (MPP)
The Migrant Protection Protocols (MPP), also known as the “”Remain in Mexico”” policy, was implemented by the Trump administration in January 2019. This policy required asylum seekers who arrived at the southern border to wait in Mexico while their cases were processed in the United States. The policy resulted in tens of thousands of asylum seekers being forced to wait in dangerous conditions in Mexico, where they faced extortion, kidnapping, assault, and other dangers.
In January 2021, the Biden administration suspended the program, though it is not yet clear whether it will be fully rescinded.
Third-Country Transit Bar
The Third-Country Transit Bar, implemented in July 2019, prohibited individuals who passed through another country before arriving in the United States from seeking asylum. The policy was aimed at curtailing the number of Central American migrants seeking asylum at the southern border by requiring them to apply for asylum in other countries first.
In September 2019, a federal court blocked the policy’s implementation, and the Trump administration appealed the ruling. In March 2020, the Ninth Circuit upheld the lower court decision, ruling that the policy violated U.S. law.
Conclusion
In conclusion, Asylum is a protection that is granted to individuals who meet the definition of a refugee under international law. Asylum seekers are often forced to leave their home countries due to fear of persecution, violence, or discrimination and seek refuge in another country. The process of seeking asylum varies from country to country and can be highly complex and challenging, particularly for those who face language barriers and cultural isolation.
Given the widespread challenges and concerns regarding asylum, it is essential that countries uphold their international obligations to protect refugees and safeguard their rights to seek asylum. Policies and procedures should be robust and fair, ensuring that asylum seekers are given adequate support, protection and treated with dignity and respect. By upholding legal frameworks and providing support for refugees, countries can make a significant contribution to promoting justice and stability globally.
The perceived need for relocation to the United States can prompt people to take drastic measures in merely trying to cross bordersillegal immigrationWhile sufficient or credible cause is certainly discretionary, there are situations that warrant a faster system of an individual’s incorporation into the United States while immigration law is still upheld.
In one scenario, an individual may see himself or herself as at risk of persecution including immediate bodily harm and serious psychological and emotional trauma in their country of origin, based on their political views or affiliation with a certain social-political bloc.
As such, it is, for all practical purposes, impossible for him or her to return there on good conscience. Again, subject to judgment (made by immigration officials), this person may be able to be protected under United States international policy, under the doctrine of asylumdeportationThe concept of asylum has been established for centuries in various forms.
In fact, in civilizations as seemingly remote as the ancient Greeks and Egyptians, asylum seekers were afforded benefits of protection as criminals accused of crimes, depending on the severity of the offense. In today’s world, asylum is still a viable means of incorporating foreign personae into the fold, as asylum seekers can apply on an individual basis to countries compliant with modern asylum law and according to their definitions.
The process of granting political asylum in the United States is also well-defined. While asylum seekers and refugee status seekers are often interpreted to be one in the same, the Department of State and the Social Security Administration do recognize these are different concepts, with a primary understanding being status before admission.
