Understanding the Asylum-Seeking Process: A Lifeline for Many

Families escaping violence and persecution in their home countries often undertake a perilous journey to seek safety in the United States. Many are fleeing severe humanitarian crises in Latin America, the Caribbean, Afghanistan, and parts of Africa. This article unpacks the legalities and complexities surrounding asylum, the experiences of those seeking refuge, and the evolving U.S. policies that impact their journeys.

What is Asylum?

Asylum is a form of protection granted to individuals who demonstrate that they are unable or unwilling to return to their home country due to a well-founded fear of persecution. This persecution can stem from various factors, including:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

The right to seek asylum is enshrined in international law and was formalized in U.S. legislation following World War II, notably through the Refugee Act of 1980.

Who is an Asylum Seeker?

An asylum seeker is an individual who has fled their homeland in search of safety and protection in another country. They cannot obtain protection in their home country and thus seek refuge elsewhere. Asylum seekers can come from any demographic background, although they often originate from regions plagued by conflict, natural disasters, or ineffective governance.

In the U.S., those granted asylum are referred to as "asylees." The legal status allows them to stay in the U.S. without the fear of deportation and to work and travel abroad. Asylees can also apply for their spouses and children under the age of 21 to join them.

It’s important to note that the process for determining refugee status can be convoluted and lengthy. However, protections should be afforded to asylum seekers even before they are officially recognized as refugees.

Is Seeking Asylum Legal?

Yes, seeking asylum is a legal right under both U.S. and international law. Individuals must either be present in the U.S. or at a port of entry—a land crossing or airport—to request asylum. It’s crucial to highlight that there’s no way to apply for a visa specifically for the purpose of seeking asylum in advance; individuals must arrive in the U.S. first.

Despite this legal right, recent U.S. administrations have enacted policies restricting access to asylum, effectively blocking many who attempt to exercise this right.

How Do People Seek Asylum at the Border?

Navigating the asylum process can be a daunting experience, especially given the restrictive policies put in place in recent years. The situation drastically changed under previous administrations, which significantly curtailed access to asylum at the border.

Trump Administration’s Restrictions

In early 2025, former President Trump issued Proclamation 10888, which indefinitely suspended the right to seek asylum at the southern border. It labeled the influx of asylum seekers as an “invasion” and suggested that protections could be denied until the situation was deemed stable.

Such proclamations did not include exceptions for vulnerable groups like unaccompanied minors or victims of trafficking. Legal challenges to this proclamation argue that it ignores protections established by Congress and continues to leave asylum seekers with little to no avenues to have their claims heard.

The "Remain in Mexico" Policy

The Migrant Protection Protocols (MPP), often referred to as “Remain in Mexico,” further complicated the asylum-seeking process. Under this policy, certain asylum seekers were required to wait in Mexico while their U.S. immigration court cases were adjudicated. With limited access to legal counsel, many faced tremendous hurdles in preparing their cases.

The challenges intensified as MPP was reintroduced in 2025, impacting thousands and forcing them into dangerous conditions as they waited for their hearings.

The Impact of Restrictive Policies

Restrictive U.S. asylum policies have left many asylum seekers stranded in Mexico, where they are at risk of violence, extortion, and other forms of abuse. Organized crime and human smugglers often prey on these vulnerable individuals. Reports have shown that one in two individuals displaced in Mexico faced serious protection risks.

The dire situation has compelled many to struggle with not only physical dangers but also the psychological toll of waiting indefinitely in a precarious environment.

Where Do Asylum Seekers in the U.S. Come From?

The landscape of asylum seekers is diverse, with many fleeing violence, oppression, and humanitarian crises. Notable countries of origin for those seeking refuge include:

• Cuba
• Haiti
• Mexico
• Nicaragua
• Venezuela
• Cameroon
• China
• Ethiopia
• Eritrea
• Iran
• Russia
• Afghanistan
• Ukraine

Mixed migration trends have been observed, particularly through Central America and Mexico, with increasing numbers from distant regions such as Asia, Africa, and Europe as people flee conflict and instability.

The Role of Organizations Supporting Asylum Seekers

Organizations like the International Rescue Committee (IRC) play a vital role in assisting asylum seekers in the U.S. and beyond. The IRC offers legal services, case management, medical evaluations, and essential support at reception services across several offices.

In Latin America, the IRC responds to the needs of internally displaced individuals by providing humanitarian services. They’ve established critical platforms such as InfoPa’lante in Colombia and Ecuador, CuéntaNos in Central America, and InfoDigna in Mexico, connecting asylum seekers to vital resources.

How You Can Help

Families fleeing danger have the legal right to seek asylum, yet they face myriad barriers along the way. Supporting organizations like the IRC can help provide necessary resources such as food, water, hygiene supplies, and important information to those in need. Engaging with these organizations helps amplify the voices of asylum seekers and supports their rights to safety and refuge.

Get Involved

Follow the IRC on social platforms to stay updated on humanitarian efforts and ongoing issues faced by asylum seekers. Engaging with this content is a step toward raising awareness and supporting those who fight daily for a chance at a safe and secure life.