Political Asylum and the Backlog of Asylum Cases

Millions of people around the world are fleeing violence and human rights violations in their home countries. Many are seeking refuge in another country because they fear persecution based on their race, religion, nationality, membership in a particular social group or political opinion. Some may be at risk of torture or other serious harm if returned to their homes. Asylum is one way for these people to seek protection and find safety in the United States.

But the current administration has implemented policies that have seriously impacted and unsettled the asylum process, creating backlogs of cases that take years to process. As a result, would-be asylum seekers struggle to navigate a cumbersome and confusing U.S. immigration system, even when they have strong claims.

The asylum application process begins when a person submits Form I-589, Application for Asylum and Withholding of Removal, to USCIS. The form includes a full personal statement that describes the protected category and why the person fears persecution. USCIS then schedules a biometrics appointment for the applicant. At this appointment, USCIS collects fingerprints, photos and biographical information.

Asylum cases then enter the Immigration Court system, where applicants must attend one or two Master Calendar Hearings before an Immigration Judge. These hearings are procedural and give the person an opportunity to tell their story, including why they need refuge in the United States. Once their case reaches the Immigration Court, the Judge will make a decision on whether to grant them asylum and/or withholding of removal.