Asylum Quick-facts
Here are some facts and history about asylum in the United States. Source links are provided for additional reading (don't just take our word for it), and common myths are addressed below.
- 8.4 million people were waiting on asylum decisions globally as of mid-2025 (UNHCR).
- The legal backbone of modern asylum is the 1951 Refugee Convention and 1967 Protocol.
- U.S. asylum law was aligned to that framework through the Refugee Act of 1980 (S. 643, Public Law 96-212).
What is asylum
When people flee a country where they fear persecution or harm, asylum is a form of protection offered by the United States under U.S. law. After applying for asylum, if asylum is granted, they are given protection and the right to stay in the United States. Persons who have been granted asylum are called 'asylees'.
Source: UNHCR website
How to apply
Persons applying for asylum must be physically present in the U.S.
Why was it created
The U.S. asylum law and process was created as a result of international agreements written because of WWII. These agreements included:
- 1951 Convention Relating to the Status of Refugees¹
- 1967 U.N. Protocol Relating to the Status of Refugees¹
The United States agreed to the 1967 Protocol in 1968. In order to comply with the protocol, the United States congress enacted the Refugee act of 1980 that set forth the same definition of refugee as the Convention.
Refugee Definition:
“any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 2
Visit the Immigration Equality Asylum Manual page for more history and detail.
Source 1: The 1951 Refugee Convention and 1967 Protocol (PDF)
Source 2: Refugee act of 1979
Common Myths & Misconceptions
The following myths appear frequently in public debate about asylum. Each oversimplifies or misstates how U.S. law and international obligations work.
Myth #1
“Seeking asylum is the same as entering the country illegally.”
Under U.S. law, people who are physically present may apply for asylum regardless of how they arrived. Asylum is a separate legal process with its own eligibility standards; it is not a shortcut around immigration law, and claims are adjudicated by USCIS or immigration courts.
Myth #2
“Anyone who asks for asylum automatically gets to stay in the United States.”
Asylum is not automatic. Applicants must meet the refugee definition and prove their case. Many cases take years, and claims can be denied. Grant rates vary by country of origin, legal representation, and other factors.
Myth #3
“The United States has no international obligation to hear asylum claims.”
Through the 1967 Protocol and the Refugee Act of 1980, the U.S. incorporated international refugee standards into domestic law, including protections against returning people to places where they face persecution.
Key historical documents and sources
- UNHCR, “Asylum-seekers” (definition, right to seek asylum): UNHCR asylum-seekers overview
- UNHCR, “1951 Refugee Convention” overview: 1951 Refugee Convention overview
- UNHCR, “The 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees” (official text/download hub): Convention and Protocol text hub
- U.S. Congress, Refugee Act of 1980 (S. 643): S. 643 on Congress.gov
- HIAS, “Asylum and Border Policy: How It Works vs. How It Should Work” (U.S. process explainer and policy context): HIAS asylum explainer
