With the widespread attention given to changes in U.S. immigration laws, some people in California may be confused about whether it is legal to cross the border to seek asylum within the United States. In many cases, people flee persecution and violence, looking for a haven. When people show up at the U.S. border, they have the right to seek asylum and should not be separated from their children, sent back home, or criminalized for seeking safety for themselves and their families.
This legal protection is not simply a matter of policy; it is a humanitarian safeguard designed to protect individuals who are running for their lives. Families often leave behind everything they know to escape threats, and the right to request asylum offers a path to safety and dignity.
The Legal Foundations of Asylum
The basics of the right to asylum are enshrined in international law, specifically the Refugee Convention. That convention was explicitly adopted in U.S. immigration law in the Refugee Act of 1980. Together, these frameworks ensure that people who have no choice but to flee their homelands are not turned away without being given a chance to be heard.
Under these principles, people who can show that they are unable to return to their countries due to a well-founded fear of persecution may seek asylum in a third country.
Persecution may be based on:
- Nationality
- Religion
- Race
- Political opinion
- Membership in a particular social group
The last category encompasses people fleeing gender-based violence, gang attacks, or anti-LGBT repression. This broader definition recognizes that threats are not always political or religious in nature but can include violence rooted in cultural, social, or systemic discrimination.
Where and How Asylum Can Be Claimed
It is legal to seek asylum, whether the applicant is in the U.S. or at a border of some kind, at an airport, or at a land crossing. There is no way to request an advance visa to seek asylum, which means that asylum seekers must present themselves directly at the point of entry or apply once already inside the country.
When people declare that they are applying for asylum, they may need to present their case before an administrative judge or an asylum officer with U.S. Citizenship and Immigration Services to demonstrate that their fear of persecution is credible. This stage often determines whether the applicant will be allowed to continue with a full hearing. Evidence, testimony, and consistency in the applicant’s story all play a major role in the outcome.
Policy Challenges Facing Asylum Seekers
Many people fleeing violence may be concerned about changing policies that have seen people sent to stay in Mexico while their applications are processed, despite risks of further violence. These policies have created uncertainty and, in some cases, danger for families who believed they were reaching safety but instead found themselves in precarious conditions.
For asylum seekers, such policies make an already overwhelming process even more difficult. Long waits, unfamiliar legal systems, and the constant threat of being returned add emotional and physical strain to individuals who have already endured trauma.
The Role of Immigration Lawyers
An immigration law attorney may help asylum seekers to understand the process and advocate for their rights. This assistance can include explaining complex laws in plain language, preparing necessary documentation, and representing clients in interviews or hearings.
Attorneys also play a crucial role in protecting applicants from procedural errors that can lead to denial. Since asylum law is layered with deadlines, evidentiary requirements, and shifting policies, having professional support often determines whether an applicant succeeds or fails.
Frequently Asked Questions (FAQs)
Is it legal to seek asylum at the U.S. border?
Yes. Asylum can be requested at any U.S. border entry point, including airports and land crossings.
What is the Refugee Act of 1980?
It is the U.S. law that adopted international asylum principles into domestic immigration law, formally embedding protections for those fleeing persecution.
Who qualifies for asylum?
Anyone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Do asylum seekers need a lawyer?
While not legally required, an attorney can guide applicants through the complex process and significantly strengthen their chances of success.
Can people be sent back while waiting?
Policies have changed, but in some cases, applicants have been sent to Mexico to await decisions, raising concerns about safety for families and individuals.
Get Legal Help Today
If you or a loved one is seeking asylum in California or anywhere in the United States, you do not have to navigate the process alone. At Hussain & Gutierrez, our legal team is committed to protecting asylum seekers, ensuring their rights are respected, and guiding them through every step of the process.
With years of experience in immigration law and a deep understanding of the challenges involved, we provide the strong advocacy and compassionate support that every asylum seeker deserves. Whether you are at the beginning of your journey or struggling with a pending case, our attorneys are here to help you build a safer future.
