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Asylum and Refugee Law

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Asylum and refugee law governs the legal protections available to people who have fled their home countries and fear returning because of persecution. Under U.S. and international law, a person may qualify for asylum if they have suffered — or have a well-founded fear of suffering — persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Refugees are generally screened and admitted from abroad through a federal program, while asylum seekers apply after arriving at or inside the United States.

This area of law covers a wide range of situations: applications filed with U.S. Citizenship and Immigration Services, removal proceedings before immigration courts, appeals to the Board of Immigration Appeals, and federal court review. Cases may involve individuals fleeing gang violence, domestic abuse, government persecution, or religious discrimination. The credibility of an applicant's account and the conditions in their home country are often central to the outcome.

The rules and procedures in this area change frequently in response to federal regulations, executive policy, and court decisions. Eligibility standards, filing deadlines, and available forms of relief can shift substantially over time, and outcomes may also depend on the jurisdiction in which a case is heard. Anyone navigating this process should consult an immigration attorney or accredited representative for guidance specific to their situation.

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Related practice areas

Citizenship and Naturalization LawEmployment-Based Immigration LawFamily-Based Immigration LawRemoval and Deportation DefenseVisas and Green Cards LawImmigration Law

Primary law

The governing U.S. Code, statutes and founding documents for Asylum and Refugee Law.

Key definitions

Defined terms that recur in asylum and refugee law — each links to its dictionary entry.

ImmigrationNaturalizationDeportationAsylumRefugee

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 8 (Aliens and Nationality) — beyond the landmark cases above.

Asylum and Refugee Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Report by Her Majesty's Commissioners Appointed to Inquire Into the State of Lunatic Asylums in Scotland - Paperback
    Report by Her Majesty's Commissioners Appointed to Inquire Into the State of Lunatic Asylums in Scotland - Paperback
  • Claims for Unlawful Detention and False Imprisonment in Immigration and Asylum Cases - Paperback
    Claims for Unlawful Detention and False Imprisonment in Immigration and Asylum Cases - Paperback
    Samina Iqbal
  • Domestic Violence Against Male Same-Sex Partners in the EU with Special Reference to Refugee and Migrant Gay Men in Germany - Paperback
    Domestic Violence Against Male Same-Sex Partners in the EU with Special Reference to Refugee and Migrant Gay Men in Germany - Paperback
    Yeshwant Naik
  • Towards the Harmonization of Immigration and Refugee Law in SADC - Paperback
    Towards the Harmonization of Immigration and Refugee Law in SADC - Paperback
    Jonathan Klaaren
  • Discerning Welcome - Paperback
    Discerning Welcome - Paperback
    Ellen Clark Clemot
  • Calculated Kindness: Refugees and America's Half-Open Door, 1945 to the Present - Paperback
    Calculated Kindness: Refugees and America's Half-Open Door, 1945 to the Present - Paperback
    Gil Loescher
  • Palestinian Refugees in International Law - Paperback
    Palestinian Refugees in International Law - Paperback
    Francesca Albanese
  • Alia's Voice: A Syrian Refugee in Canada - Paperback
    Alia's Voice: A Syrian Refugee in Canada - Paperback
    Ann McRae
  • A Practical Guide to Refugee Resettlement in the United Kingdom - Paperback
    A Practical Guide to Refugee Resettlement in the United Kingdom - Paperback
    Sandra Akinbolu
  • U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison - Paperback
    U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison - Paperback
    Human Rights First Staff
  • Legal Protection of the Sinking Islands Refugees - Paperback
    Legal Protection of the Sinking Islands Refugees - Paperback
    Cosmin Corendea
  • A Practical Guide to Asylum Support and Judicial Review - Paperback
    A Practical Guide to Asylum Support and Judicial Review - Paperback
    Stephen Tawiah
  • The Construction And Government Of Lunatic Asylums: And Hospitals For The Insane (1847) - Paperback
    The Construction And Government Of Lunatic Asylums: And Hospitals For The Insane (1847) - Paperback
    John Conolly
  • Refugee Protection in Brazil and Latin America - Selected Essays - Paperback
    Refugee Protection in Brazil and Latin America - Selected Essays - Paperback
    Liliana Lyra Jubilut
  • Refugee Dignity in Protracted Exile: Rights, Capabilities and Legal Empowerment - Paperback
    Refugee Dignity in Protracted Exile: Rights, Capabilities and Legal Empowerment - Paperback
    Anna Lise Purkey
  • Asylum: A Moral Dilemma - Paperback
    Asylum: A Moral Dilemma - Paperback
    W. Gunther Plaut
  • Daughter of Song: A Cambodian Refugee Family, Their Daughter, Crime and Injustice - Paperback
    Daughter of Song: A Cambodian Refugee Family, Their Daughter, Crime and Injustice - Paperback
    Doug Hood
  • The Supreme Court in United States history. Volume 1 of 3 - Paperback
    The Supreme Court in United States history. Volume 1 of 3 - Paperback
    Charles Warren
  • Revise SQE Written Skills for SQE2: Questions & Answers in Dispute Resolution - Paperback
    Revise SQE Written Skills for SQE2: Questions & Answers in Dispute Resolution - Paperback
    Linda Chadderton
  • Examples & Explanations: California Community Property - Paperback
    Examples & Explanations: California Community Property - Paperback
    Charlotte K. Goldberg
  • Towards a Refugee Oriented Right of Asylum - Paperback
    Towards a Refugee Oriented Right of Asylum - Paperback
    Laura Westra
  • Conflict Refugees - Paperback
    Conflict Refugees - Paperback
    Christel Querton
  • Undoing Nothing: Waiting for Asylum, Struggling for Relevance - Paperback
    Undoing Nothing: Waiting for Asylum, Struggling for Relevance - Paperback
    Paolo Boccagni
  • What Is Justice? Justice, Law, and Politics in the Mirror of Science - Hardcover
    What Is Justice? Justice, Law, and Politics in the Mirror of Science - Hardcover
    Hans Kelsen

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.