Each year, millions of people from around the world flee their homes and seek asylum in other countries because they no longer feel safe. They may have been persecuted because of their race, religion, political beliefs, sexual orientation or membership in a social group. Some are seeking refuge from persecution by government officials or other agents.
A person seeking asylum must first show that they or a family member suffered past persecution. Then they must establish that there is a “well-founded fear” that they will suffer persecution in the future if they are returned to their home country.
The Supreme Court has refused to attach a precise definition to the term “well-founded fear.” Instead, it has relied on case law to determine whether or not a person’s fear is well founded. Asylum applicants must also show that their persecution was or will be on the basis of a protected category (e.g., race, religion, sexual orientation, political opinions or membership in a social group).
Generally, only people who have been harmed or threatened with harm on the basis of one of these categories will qualify for asylum. Asylum is not available to people who are able to demonstrate that they will suffer torture, rape or other gross violations of human rights.
A person seeking asylum can have their application reviewed by a federal appeals court if they are dissatisfied with the immigration judge’s decision. Alternatively, they can request that the Supreme Court review their case by filing a petition for writ of certiorari.
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