Under federal law, anyone from another country can seek asylum by claiming to have fled their countries out of fear of persecution.
In 1948, the United Nations passed a declaration of human rights that recognized asylum as a method for immigrants to escape persecution in their home country. Three years later the U.S. participated in the UN’s
Refugee Convention of 1951, which established the legal framework for protecting refugees. Asylum seekers gained formal protections under U.S. law with the
Refugee Act of 1980, which created a system for admitting refugees into the country.
Generally, asylum is meant to serve as a humanitarian protection under international law, said Cori Alonso-Yoder, an attorney who helps run the Immigrant Justice Clinic at American University.
“Most basically, people who seek asylum are afraid to return to their countries of origin, though the law requires that this fear meet certain standards for asylum to be granted,” she said.
People who are granted asylum status can apply for permanent residence after one year, obtain a social security card, and work lawfully in the country.
Seeking asylum in the U.S. under Trump
Trump's new policy is treating all asylum seekers as criminals - hence separating families.
I repeat:
Asylum seekers gained formal protections under U.S. law with the
Refugee Act of 1980, which created a system for admitting refugees into the country.