Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee.” The
United Nations 1951 Convention and
1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.
As a signatory to the 1967 Protocol, and through U.S. immigration law, the United States has legal obligations to provide protection to those who qualify as refugees. The Refugee Act established two paths to obtain refugee status—either from abroad as a resettled refugee or in the United States as an asylum seeker.
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What Happens to Asylum Seekers Arriving at a U.S. Border?
Noncitizens who are encountered by, or present themselves to, a U.S. official at a port of entry or near the border are subject to
expedited removal, an accelerated process which authorizes DHS to perform rapid deportations of certain individuals.
To ensure that the United States does not violate international and domestic laws by returning individuals to countries where their life or liberty may be at risk, the
credible fearand
reasonable fear screening processes are available to asylum seekers in expedited removal processes.