U.S. asylum law, codified in the Refugee Act of 1980, allows individuals physically present in the country to seek protection if they fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
As of fiscal year 2024, the immigration court backlog exceeded 3.7 million pending cases, with asylum claims comprising a significant share, according to Justice Department data.
The initial 'credible fear' screening, conducted by USCIS officers, has historically been passed by a majority of applicants; in recent years pass rates have ranged between roughly 50% and 80% depending on policy changes.
Supporters of tighter rules argue that broad eligibility incentivizes economic migrants to file claims; critics argue that narrowing eligibility risks returning genuine refugees to danger in violation of the 1951 Refugee Convention.
Changes to asylum eligibility can occur through congressional legislation, executive regulation under the Immigration and Nationality Act, or federal court rulings interpreting existing statutes.