United States Asylum Policy

Abstract

The asylum policy of the United States is a straightforward one. The United States is morally committed to grant asylum, in accordance with our laws, to individuals who demonstrate a well-founded fear of persecution in their own country because of race, religion, nationality, membership in a particular social group, or political opinion. America’s openness to refugees — people fleeing from persecution in other parts of the world — is one of this country’s most cherished traditions, and it has been enshrined in our national law. America is a party to the United Nations Protocol Relating to the Status of Refugees.1 Our own Immigration and Nationality Act (INA),2 as amended by the Refugee Act of 1980,3 implements the substance of this Protocol, and forms the basis for our judicial and legislative procedures on asylum and refugee admission questions. An individual physically present in the United States may apply for asylum in this country;4 every application is given a careful review. The burden of proof rests with the applicant, who must demonstrate a well-founded fear of such persecution to be eligible.5 America’s record of fairness and generosity is beyond dispute. In fiscal year 1985 alone, the United States issued immigrant visas to 567,000 persons6 and admitted some 70,000 refugees.7