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Asylum Program Overview
Foundations of Asylum in International Law
Organization
Organizational Chart
Every year, thousands of people come to the United States in need of protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum are permitted to remain in the United States.
Unlike the U.S. Refugee Program, which provides protection to refugees by bringing them to the United States for resettlement, the U.S. Asylum Program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the United States regardless of their countries of origin. There are no quotas on the number of individuals who may be granted asylum each year (with the exception of individuals whose claims are based solely on persecution for resistance to coercive population control measures).
Foundations of Asylum in International Law
While asylum is an ancient concept, the December 1948 Universal Declaration of Human Rights
gave considerable official weight to the concept. The United States was one of the original signatories of that Declaration. In fact, Eleanor Roosevelt, wife of the late President Franklin D. Roosevelt, was both
a representative to and then the chair of the United Nations (UN) committee charged with its drafting. [For information about this process, see Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Random House, New York, 2001.]
Recognizing in its Preamble that "[D]isregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, ." Article 14 of the Universal Declaration identified the right of individuals "to seek and to enjoy in other countries asylum from persecution."
A few years later, in July 1951, the United Nations Convention relating to the Status of Refugees provided the world with a definition of refugee based on a fear of persecution and set forth certain responsibilities and expectations for signatory states to live up to in the treatment and processing of refugees, including asylum-seekers.
The international definition of refugee is a person outside his/her country of nationality and, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion is unable or unwilling to return. In addition, Article 31 of this Convention bound signatory states to not penalize refugees and asylum-seekers who "enter or are present in their territory without authorization, provided that they present themselves without delay to the authorities and show good cause for their illegal entry or presence." The United States acceded in 1968 to the 1967 Protocol relating to the Status of Refugees, which incorporates the Convention.
The Refugee Act of 1980, and subsequent modifications of it incorporated into the Immigration and Nationality Act, provides that:
Any alien who is physically present in the United States or who arrives in the United States . irrespective of such alien's status, may apply for asylum . (sec. 208 of the INA)
For more information on the history of the U.S. Asylum Program, see History of the United States Asylum Officer Corps.
Organization
Since 1990, the Immigration and Naturalization Service Headquarters Asylum Division has been responsible for implementing the U.S. Asylum Program. This function shifted to
U.S. Citizenship and Immigration Services (USCIS) on March 1, 2003. The Asylum Division Headquarters is located within
USCIS Headquarters in Washington, DC and has a staff of approximately 35 people. These responsibilities include overall planning, program development, evaluation, operational guidance, quality assurance, research through the Resource Information Center, and coordination with
USCIS and with the Executive Office for Immigration Review (EOIR) at the U.S. Department of Justice. It also guides and oversees the operations of the eight asylum offices located throughout the United States; all report directly to the Asylum Division.
The Asylum Division comprises approximately 300 Asylum Officers, 60 Supervisory Asylum Officers, 15 Directors and Deputy Directors, 14 Quality Assurance Trainers, and 200 support staff located in these eight offices:
Arlington, VA;
Chicago, IL;
Houston, TX;
Los Angeles, CA;
Miami, FL;
Newark, NJ (Lyndhurst);
New York, NY (Rosedale); and
San Francisco, CA.
In addition, the Division maintains liaison to non-governmental organizations, other federal agencies, and foreign governments and organizations concerning asylum and related issues.
The USCIS Headquarters Asylum Division is composed of three branches: Operations, Quality Assurance and Training, and the Resource Information Center.
- The Operations Branch of the Asylum Division is responsible for the oversight and coordination of the operations of the eight field asylum offices. This encompasses affirmative asylum, credible fear, ABC/NACARA, and reasonable fear programs. The branch is responsible for developing regulations and procedures to implement the programs, as well as monitoring and evaluating the major Asylum Program initiatives.
- The Quality Assurance and Training Branch is responsible for the development, oversight, and coordination of all training for the Asylum Program, including preparation of all training materials, and for ensuring the quality and consistency of the decisions adjudicated by the Asylum Officers. The staff reviews and monitors asylum decisions to ensure consistency within the established and evolving legal framework and to identify areas and issues requiring additional training. The training program covers Asylum Officer basic training and supervisory training, as well as all other in-service training required within the offices.
- The Resource Information Center is the documentation center for the Asylum Program. It is responsible for the oversight and coordination of the provision, training, and application of "country conditions" information in the adjudication of asylum and refugee claims.
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