Political asylum is the right of a person to move to another country for refuge from persecution on grounds of their political beliefs or membership in a particular social group. Generally, people who seek political asylum must prove either that they have suffered persecution or have a well-founded fear of persecution in the future. They also must show that their home country is unable or unwilling to protect them from the dangers they face. This is known as the “refugee definition,” and it was incorporated into U.S. law in the Refugee Act of 1980.
The modern concept of asylum is based on the ancient principle that citizens of a sovereign nation may seek protection from other sovereign nations. This right has long been a part of Western tradition, with Rene Descartes fleeing to the Netherlands, Voltaire to England, and Thomas Hobbes seeking sanctuary in France.
A person can request asylum by filing an affirmative application with USCIS or, if already in removal proceedings before an immigration judge, by requesting withholding of removal or protection under the Convention Against Torture. The process can be lengthy, and the backlog at USCIS offices and in immigration courts can lead to delays.
Increasingly, individuals who have been subject to traumatic events—such as war, persecution, and organized violence—have sought refuge in Europe. They often have to wait a long time for their case to be processed, and this can lead to a worsening of their mental health. It is important that they receive the proper support and attention.
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