asylum seeker
What to know
Asylum seekers in the US are people who pursue asylum due to their facing or fearing persecution based on race, religion, nationality, membership in a particular social group, or political opinion. They are physically present within the country or at the US border (as opposed to refugees, who are people located outside the US seeking resettlement in the US), and their request has yet to be processed. People granted asylum can apply to live permanently in the US and advance along a pathway to citizenship, and they can apply for spouses and children to accompany them. The asylum-seeking process involves multiple government agencies and often takes years.
Under US law, those who present themselves at the border have the right to apply for asylum and, with limited exceptions, must do so within one year of arriving in the US. Some people apply through the US Citizenship and Immigration Services (USCIS) for “affirmative” asylum, meaning they are not in removal proceedings. Others apply “defensively” if they are already facing removal proceedings.
Some individuals and families entering the US face expedited removal proceedings—a fast-track process without a hearing with an immigration judge. This protocol has become increasingly common at the US-Mexico border. When in expedited removal proceedings, people can request a “credible fear” interview, which can make them eligible for asylum consideration. However, human rights researchers have shown that US Customs and Border Protection (CBP) officers do not always follow this process. In January 2025, the Trump administration issued a proclamation suspending asylum seeking at the US southern border. In July 2025, a federal judge ruled the order unlawful. Later in 2025, President Trump announced that he would pause all asylum decisions. Journalists can refer to the American Immigration Council and American Immigration Lawyers Association for reliable information on changes to immigration law.
According to the American Immigration Council, people seeking asylum must supply evidence of either past persecution based on a “protected ground,” or “well-founded fear” of future persecution in their country of origin. However, because asylum is discretionary, even those meeting the standard of refugee status can be denied and would have to pursue other avenues to avoid deportation.
As of December 31, 2024, there were nearly 1.5 million affirmative asylum applications pending with USCIS. At the end of fiscal year 2024, there were another nearly 1.5 million defensive asylum applications pending in immigration courts, as its backlog reached new highs. In fiscal year 2024, some courts had wait times of over 2,000 days.
The process leaves people seeking asylum, and their families, in limbo with difficult conditions, including separated families, leaving family members abroad in dangerous situations, or impeding access to legal services because of the duration of a case. People who have applied for asylum must wait at least 180 days before they may obtain work authorization while their cases are pending.
Those who eventually obtain asylum gain access to a range of outcomes: asking for permission to travel outside US borders, applying for a Social Security number, working legally in the US, and petitioning for family members to join them. Asylees may also be eligible for various public assistance programs. After one year, an asylee can apply for a green card, which grants permanent legal resident status. After becoming a permanent resident, they can apply for citizenship after a minimum of four years. In fiscal year 2023, over 54,000 people were granted asylum.
Someone who has been granted asylum is generally called an “asylee” or in some cases a “former refugee.” Phrases such as “X arrived in this country as a refugee” are also often used.
Taking care to include context on the complexities of the US immigration system, and its impacts on immigrants, is critical for accurate reporting and minimizing harm. Context to consider in your reporting includes the backlog in immigration courts, the fact that legal representation is not a right in immigration courts like it is in criminal courts, and the vulnerabilities immigrants face as their cases are pending—particularly with the frequent changes to immigration law, or if they are being held in detention while their cases are pending. Due to the potential legal ramifications of disclosing immigration status, it’s especially important to confirm with an individual that they are comfortable with the information being included in media coverage, and that its inclusion is necessary. In addition, the status of being an asylum seeker or asylee is a legal, technical definition, so using it without verification can be misleading or inaccurate.
Additional resources
- Asylum in the United States (American Immigration Council)
- Asylum-Seekers (United Nations High Commissioner for Refugees)
- 2025 Cultural Competence Handbook (National Association of Hispanic Journalists)
- Protecting Immigrant Sources (El Tímpano)
- Immigration data literacy skills to help you survive a new wave of ICE confusion (Austin Kocher)
Summary
An asylum seeker is an individual seeking asylum due to fear of persecution in their native country. Someone who has been granted asylum is called an “asylee” or, in some cases, a “former refugee.” Due to the potential legal ramifications of disclosing immigration status, it’s especially important to confirm with an individual that they are comfortable with the information being included in media coverage, and that its inclusion is necessary. In addition, the status of being an asylum seeker or asylee is a legal, technical definition. Using it without verification can be misleading or inaccurate.