As conflicts and instability in various regions around the world lead to people fleeing persecution, the United States has an asylum process to protect those seeking refuge. However, the number of asylum seekers has soared, creating extensive backlogs while their cases wait to be adjudicated. Congress can address many of these problems by providing additional funding, resources and staffing to the immigration court system and USCIS.
A successful asylum claim requires showing both that there was past persecution and that the applicant fears future persecution in the United States. The latter requirement involves demonstrating both that their actual or imputed membership in a protected group (such as race, religion, nationality, political opinion or sexual orientation) is motivating the persecution. For example, in the case Amanfi v. Ashcroft, the Court held that a man’s sexual orientation may constitute a PSG if he feared being ritually killed for his gay activity in his home country.
To demonstrate that their fear is well-founded, an asylum seeker must present credible, candid and sincere testimony establishing that there are reasonable grounds to believe they will be persecuted in the United States. In addition, their persecution must be based on one of the five asylum-eligible grounds: a racial, religious, nationality, political or social group or their particular personal characteristics.
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