The American Asylum Process : Explained
(A Brief) History Of Asylum Policy In America
The 1980 Refugee Act marked a significant turning point in U.S. asylum policy, as it adopted the United Nations’ definition of a refugee and formalized the process for entry into the United States, setting a cap as to how many asylum seekers could enter annually. However debates regarding immigration flared during President Ronald Reagan’s administration. In an effort to address the influx of migrants from Central America, the president classified these individuals as economic migrants enabling authorities to systematically deny asylum claims. By 1989, the volume of asylum claims had surged past one hundred thousand, prompting legislative action by President George H.W. Bush. Bush expanded legal immigration pathways and established the Temporary Protected Status (TPS) program, enabling migrants to reside and work in the U.S. temporarily until conditions in their home countries improved. President Bill Clinton’s time in office saw increasingly stricter immigration policy. The administration introduced expedited removal proceedings, imposed time limits on filing claims, and added extra layers of screening to the asylum process. Following Presidents George W. Bush and Barack Obama attempted to overhaul the immigration system, by allowing more entries into the United States, legalizing the status of many undocumented migrants and enhancing border security.
Unfortunately these efforts failed to make it through congress. From 2014 onwards, the Obama administration faced a sharp increase in Central American migrants, many seeking asylum. The government’s response included detaining families and unaccompanied children and increasing deportations.The approach taken by President Donald Trump further tightened asylum policies. Viewing the surge of asylum seekers as a national security threat, Trump introduced several deterrent measures. His administration’s zero-tolerance policy increased prosecutions of undocumented migrants, imposed new limitations on asylum protections for those fleeing domestic abuse or gang violence, and advocated for a safe third country agreement with Guatemala. Additional strategies included deferring asylum applications through “metering,” enforcing a transit ban that was eventually overturned by the courts, and implementing the Migrant Protection Protocols, also known as the “Remain in Mexico” program, which required migrants to wait in Mexico while their U.S. immigration cases were processed. Furthermore, the Trump administration invoked Title 42, a seldom-used public health law, to deny asylum based on pandemic-related concerns, resulting in the deportation of over 2.7 million migrants since its implementation in 2020.
Modern Day Asylum Procedure
President Biden has taken actions to reverse many Trump-Era immigration policies, however the continuous surge in migration has forced the President to recalculate his policies. Since taking office, Biden has expanded TPS protections to additional countries, raised the annual cap on refugee admissions, ended the Remain in Mexico program and created a family-reunification task force. But, Biden has also passed sweeping legislation cracking down at the southern border, making it harder for large swaths of migrants to gain access to asylum, especially if they had previously failed to file the process in a third country.
To understand how to file for asylum, click the button :
OR Visit : HTTPS://WWW.USCIS.GOV/HUMANITARIAN/REFUGEES-AND-ASYLUM/ASYLUM
Shortcomings Of The Current System
Horrific Backlogs and Blatant Discrimination Against (LEP)
Annually, thousands of individuals from across the world seek refuge in the United States, yet language barriers imposed by the government severely restrict the process. The initial asylum appointment is generally booked using the CBPOne app. Unfortunately, the app is only available in English, Spanish, or Haitian Creole, leaving thousands of refugees who don’t speak those languages, gated away. Next the interview itself is oftentimes conducted in a language the individual seeking may not be the most comfortable with, leading to them not being able to properly articulate their stories. This is crucial as they need to convince officials that they are escaping a truly impactful threat. Due to strained resources, it is incredibly difficult for refugees to often fight interpreters to assist them. Finally, the actual application for asylum status can only be filled out in English, making it substantially more difficult for individuals with limited English proficiency to enter the country.
Case Study : Documented Dreamers
The Dreamers Act was initially passed in order to offer a path towards citizenship for undocumented children entering the United States. The deal was that if the child had arrived in the United States before 16, had resided in the United States for at least five years since arrival, had graduated from a US high school and had demonstrated good moral character, they would have a path towards citizenship. Unfortunately, it left out documented children. Since the wait times for getting a Greencard is so long, many families arrive in the United States on their VISA. Until a child is 21, they are dependent on their parent’s visa. However, if the child turns 21 before their parents get a green card or become citizens, there is no one left to sponsor them, and the kids who have spent their entire lives in America are forced to self deport themselves. Nearly 200,000 young adults undergo this process annually.