Refugees & Asylum Seekers

About Refugees & Asylum Seekers

According to the U.S. Citizenship and Immigration Services, refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm.

Asylum status is a form of protection available to people who meet the definition of refugee, are already in the United States, and are seeking admission at a port of entry.

This page provides links to federal laws governing the processes for those seeking asylum and refuge in the United States and resources that help explain the law.

Federal Law

U.S. Code, Title 8, Chapter 12, Section 1101
Also known as The Refugee Act of 1980, this law created a system for the admission, resettlement, and absorption of refugees to the United States. Defines "refugee" as any person who is unable to return to their own country because of "a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".
U.S. Code, Title 8, Chapter 12, Section 1158
Discusses the authority to apply for asylum and the conditions for granting asylum.
U.S. Code, Title 8, Chapter 12, Section 1157
This section gives the President, in consultation with Congress, the ability to determine the maximum number of refugee admissions each year.
U.S. Code, Title 8, Chapter 12, Section 1522
Authorizes the Office of Refugee Resettlement to create domestic resettlement and assistance programs for refugees.
Title 8, Chapter I, Subchapter B, Part 207. Admission of Refugees
Department of Homeland Security regulations on eligibility, application processing, waivers of inadmissibility, control over approved refugee numbers, and more.
Title 8, Chapter I, Subchapter B, Part 208. Procedures for Asylum and Withholding of Removal
Department of Homeland Security regulations on the asylum process, withholding of removal, and credible fear of persecution.
Executive Order on Enhancing State and Local Involvement in Refugee Resettlement (EO 13888)
This executive order issued by the Trump administration in September 2019 requires state and local governments to issue written consent to the initial resettlement of refugees in their communities. NOTE: On January 15, 2020, a federal court issued an order blocking the government from enforcing this executive order. Please see the link below for more details.
United States District Court for the District of Maryland order blocking enforcement of Executive Order 13888
On January 15, 2020, a federal court in Maryland issued a preliminary injunction blocking the government from enforcing Executive Order 13888, which would have required state and local governments to provide written consent authorizing refugee resettlements in their jurisdictions. This is the result of a lawsuit from several refugee resettlement agencies that alleges that EO 13888 violates federal law.

United States Refugee Admissions Program (USRAP)

The United States Refugee Admissions Program (USRAP) is a consortium of federal, state and local government agencies, and volunteer nonprofit organizations tasked with overseeing, admitting, and resettling refugees in the United States.

Bureau of Population, Refugees, and Migration (PRM)
This agency is a part of the U.S. State Department and is the first government point of contact for refugees. They are responsible for coordinating the process with all other agencies until a refugee is resettled.
Citizenship and Immigration Services (USCIS)
This agency is a part of the Department of Homeland Security (DHS) and is in charge of security screening processes for applicants.
Reception and Placement Program
This program from the State Department connects refugees with funding for rent, food, clothing, and other necessities for their first three months in the U.S.
The Office of Refugee Resettlement (ORR)
ORR provides time-limited cash and medical assistance to new arrivals, as well as support for case management services, English as a Foreign Language classes, and job readiness and employment services.
Volunteer Agencies
There are nine nongovernmental agencies that assist refugees with resettlement after the initial three month period is over. These organizations are funded by the Department of Health and Human Services.
Office of Refugee Resettlement Statement on Executive Order on Enhancing State and Local Involvement in Refugee Resettlement
This statement from the Office of Refugee Resettlement provides information on Executive Order 13888, which requires that state and local governments provide written consent to the initial resettlement of refugees.

Understanding the Law

These resources provide a broad overview of information about the asylum process and U.S. refugee law.

Asylum

Asylum Eligibility and Applications FAQ
Frequently asked questions about asylum eligibility and applications from U.S. Citizenship and Immigration Services.
Obtaining Asylum in the United States
This page from U.S. Citizenship and Immigration Services discusses the affirmative process and defensive process, the two ways of obtaining asylum in the United States.
I want to file for asylum. (Texas Law Help)
This guide from Texas Law Help includes instructions and sample forms for filing an asylum application with the U.S. Citizenship and Immigration Services.
Asylum (Texas Law Help)
This article from Texas Law Help explains different aspects of the asylum process.
Asylum — ILRC
This page from the Immigrant Legal Resource Center has information and updates on asylum law in the U.S.
Asylum in the United States
This page from the American Immigration Council discusses the asylum process, including a discussion on what happens to asylum seekers arriving at a U.S. border.
Finding Country Conditions Evidence for Asylum and Fear-of-Return Immigration Cases
This manual from the Center for Gender & Refugee Studies is intended to help self-represented asylum seekers understand how to find country conditions evidence to support their asylum case. The manual has also been translated into Spanish.
Como encontrar la evidencia de las condiciones del país para su caso de asilo, suspensión de remoción y la Convención contra la Tortura
Este manual del Centro de Estudios de Género y Refugiados tiene como objetivo ayudar a los solicitantes de asilo que se representan a sí mismos a comprender cómo encontrar evidencia de las condiciones del país para respaldar su caso de asilo.

Refugees

Asylum or Refugee Status: Who Is Eligible?
This article from Nolo, a legal encyclopedia, discusses who is eligible for asylum or refugee status in the United States.
An Overview of U.S. Refugee Law and Policy
This fact sheet from the American Immigration Council gives a broad overview of refugee laws and policies.
How Does the U.S. Refugee System Work?
This article from the Council on Foreign Relations explains current US refugee policies, including screening and approval processes, relevant federal agencies, and the role of state and local governments.
The Refugee Process
Information on the refugee process from U.S. Citizenship and Immigration Services, including coming to the United States, bringing family members, employment considerations, and travel.
Questions & Answers: Refugees
This page from U.S. Citizenship and Immigration Services provides answers to frequently asked questions, including eligibility concerns, processing, and more.

E-Books from the Texas State Law Library

Many of the e-books available through the State Law Library contain forms or drafting guides.These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents can register for a library account online. Signing up is free.

AILA's asylum primer : a practical guide to U.S. asylum law and procedure
This all-in-one reference from the American Immigration Lawyers Association offers a procedural "walk-through" of the entire U.S. asylum process, from entry to citizenship, with a myriad of creative strategies and practical guidance for effective advocacy.
Understanding immigration law
This e-book provides a comprehensive, up to date look at immigration laws and procedures. Updated to include major changes by the Trump administration and important court rulings through 2019, this is a great primer for anyone interested in immigration law. Available as an e-book on OverDrive.

Immigration Law