Executive summary

This brief explores contemporary inefficiencies within the United States asylum process. It will cover the history behind the increased demand for asylum in the US and reasons for the over one million person long backlog within the US immigration/asylum courts. Additionally, this brief will explore various policy options being considered in the United States from Democratic, Republican, and Bipartisan sources. 

Overview

 The following section will provide a brief insight into the current state of the United States asylum system, its growing relevance, and its emergence onto  the national stage. 

Pointed Summary

• There are currently 1.6 million people waiting for an asylum hearing in the United States. 
• Increased political division within the House of Representatives and Senate have led to gridlock; halting any legislative progress addressing immigration and asylum reforms.  
• The 2024 presidential election in the United States has brought immigration and asylum policy into the forefront of politics as both major party candidates have made immigration a key policy issue. ‍

Relevance

The 2024 presidential election has made immigration and asylum policy as relevant as ever. Both major party candidates acknowledge that there are significant problems within our current system. The Republican candidate, former President Donald Trump, has called for a mass deportation of illegal immigrants and regularly makes immigration a major topic of conversation at rallies and debates. The Democratic candidate, current Vice President Kamala Harris, is proposing a much stricter view on border policies. These policies would allow the president to close the border and mitigate loopholes within the asylum process, particularly regarding illegal immigrants and developing an earned pathway to United States citizenship. It is clear that as the election approaches, and even afterwards, immigration and asylum policy will continue to remain at the forefront of discussion in the United States. This increased political relevance makes it crucial to understand what developments have occurred so far and what solutions have been proposed to address this ongoing issue.

History

Current Stances

Asylum is a form of legal protection that nations grant to migrants who are fleeing harm or persecution that has displaced them from their place of origin. This legal protection is recognized by both US and international law.

1. The Universal Declaration of Human Rights (Article 14), which states that everyone has the right to seek and enjoy asylum from persecution in other countries.
2. The 1951 UN Refugee Convention (and its 1967 Protocol), which protects refugees from being returned to countries where they are at risk of being persecuted.

   While many Americans prioritize addressing the backlog of systems and improving asylum conditions, there is also a growing public emphasis on reducing the number of asylum seekers in the US. As per the Pew Research Center, 74% of their respondents say it is at least somewhat important to decrease the amount of asylum-seeking people coming into the United States. More than half of Americans also think that it is essential to provide more aid to countries in Central America, where many asylum seekers emigrate from, as a way to reduce the number of potential asylum seekers. 

Tried Policy

The modern United States immigration system was designed in 1965 and has evolved over time. Prior to the Refugee Act of 1980, the US government granted asylum on an ad hoc basis, meaning decisions were made case by case without a formal system. However, the passage of the 1980 law created the current statutory basis for asylum, guaranteeing family reunification rights and providing individuals the opportunity to stay in the United States permanently. Over decades, the number of grants has fluctuated significantly as there are almost 1.6 million asylum-seekers waiting for an asylum hearing as per 2022 data from Syracuse University in New York. Recent administrations have also made attempts to reform immigration policy, from reducing immigration to creating easier pathways for asylum. Under the Trump administration, waiting times were extended due to a combination of bureaucratic inefficiencies and a hiring freeze. Another one of the Trump administration's policies was Last In First Out, which is still in force, establishing that those who have just entered the country will have priority to be heard, which often backlogs those who have been waiting in the system for longer periods of time. President Joe Biden had also pledged to restore asylum access that was significantly reduced under the previous administration, but a historic surge in migration in the U.S.-Mexico border forced his immigration policy to focus elsewhere.

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Policy Problem

A. Stakeholders

‍The lack of communication between US Immigration agencies has caused the wait time before an immigration court case to be 4.3 years. This harms asylum seekers because they must live with uncertainty in temporary federal custody for years before they can seek asylum. In an NBC interview, an asylum-seeker, despite having a work permit and a social security number, states, “You are imprisoned in a country. It doesn’t really help you heal.” In addition, if the state of the asylum seeker’s country of origin changes over time, the judge might rule that the asylum seeker must return to his/her/their country of origin despite their time in the United States.

‍B. Risks of Indifference

‍As the wait time before an immigration court case continues to last years, asylum-seekers will run the risk of being sent back to their country of origin. This runs the risk of losing economic input from asylum-seekers.

‍C. Nonpartisan Reasoning

‍Despite many attempts, President Biden’s administration has yet to enforce laws to reduce the asylum backlog for refugees. Biden’s administration proposed the U.S. Citizenship Act of 2021, which included provisions that would increase the number of available immigration judges and, thereby, decrease waiting periods for asylum-seekers. Nonetheless, the bill failed to gain enough attention for a formal vote in the House of Representatives. On the other hand, the current Republican majority in the House of Representatives did pass the Secure the Border Act of 2023, which aimed at limiting asylum access by imposing stricter eligibility criteria. The bill passed in the House of Representatives by a vote of 219 in favor versus 213 against, with all Democrats and two Republicans in opposition. This sentiment was later observed when the bill was sent to the Democratic majority in the Senate, receiving significant opposition and failing to advance. As shown, both political parties have been unable to pass bills that change the current problems with asylum buffer periods.

Policy Options

A. Eliminating Backlogs Act of 2023

‍A Bill introduced to the House of Representatives in March of 2023 by Congressman Bucshon, R-IN, and Congressman Krishnamoorthi, D-IL, proposed to help eliminate the backlog of asylum seekers entering into the US by concentrating government assets to the border. This bill would allow Asylum Seekers who have employment based visas to not have to renew his/her/their visa for the fiscal 2024 year. This would allow the Department of Homeland Security to reallocate resources to the border that would otherwise have been used to renew visas of immigrants that have been given access to the United States. Regardless, this policy has had trouble passing for a vote in the House of Representatives; it is currently being reviewed by the Judicial Committee and has not yet gone to vote.

‍B. North Triangle and Central America Initiatives

  Proposed in April of 2021, this unique proposal aims to help with congestion at the U.S. Southern Border. The North Triangle is composed of three separate Central American countries, Guatemala, Honduras and El Salvador. The initiative plans to help Latin American nations reduce homicide rates, fight corruption, promote economic development and rebuild infrastructure. This bipartisan proposal would help decrease pressure for asylum seekers to have to seek asylum by improving conditions in his/her/their residing nation. The United States would also aid in eliminating gang violence and stimulating job growth through the restoration of urban areas after national disasters. 

‍C. Safe Third Country Agreement

 The Safe Third Country Agreement is a bilateral agreement between Canada and The United States signed into action in 2002. This agreement is one of the policies that influences the congestion at the Southern Border. According to the agreement, an Asylum seeker must seek asylum in the ‘first’ safe country they come across before seeking asylum in another country. But, according to the Canadian Immigration and Refugee Protection Act, the only other safe country below Canada’s Southern Border is the United States. This causes every Latin American asylum seeker to go through U.S. screening and customs with little to no involvement from Canada to house refugees. This also means asylum seekers that are affected by natural disasters can only go to the United States to gain refuge. Currently, U.S. legislators are revisiting the Safe Third Country Agreement to come to a better resolution with Canada and help diverge some of the congestion.

Conclusions

The asylum process in the United States remains bogged down by a system overwhelmed and burdened by increasing demand. Policy responses from both parties on the political aisle have exposed the growing division on how best to chip away at this backlog, accelerate procedures, and curb the tide of asylum seekers. While reformist work continues, the inefficiency within the system reflects a greater challenge in balancing the scales between humanitarian obligation and national policy objectives.

Acknowledgment

The Institute for Youth in Policy wishes to acknowledge Eli Solomon, Anagha Nagesh, Nolan Ezzet and other contributors for developing and maintaining the Policy Department within the Institute.

References

1. NBC News. “Immigration Backlog Has a U.S. Asylum-Seeker Feeling like He’s ‘Imprisoned in a Country.”
2. House, The White. “Fact Sheet: President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize Our Immigration System.” The White House, January 20, 2021. https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-president-biden-sends-immigration-bill-to-congress-as-part-of-his-commitment-to-modernize-our-immigration-system/.
3. “H.R. 2, Secure the Border Act of 2023 | Congressional Budget Office,” May 9, 2023. https://www.cbo.gov/publication/59151.
4. H.R. 1535–  118th Congress (2023-2024): Eliminating Backlogs Act of 2023, H.R. 1535, 18th Cong. (2023); https://www.congress.gov/bill/118th-congress/house-bill/1535/text

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5. USGLC. “U.S. Assistance to Central America Promotes Security, Economic Development, and Rule of Law – USGLC.” U.S. Global Leadership Coalition, 2021, https://www.usglc.org/us-assistance-to-central-america/. Accessed 15 September 2024.

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6. UNHCR. 2019. “The 1951 Refugee Convention | UNHCR.” UNHCR. 2019. https://www.unhcr.org/about-unhcr/overview/1951-refugee-convention.

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7. United Nations. 1948. “Universal Declaration of Human Rights.” United Nations. United Nations. December 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights.

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8. Figueroa, Ariana. “Trump Promises Mass Deportations of Undocumented People. How Would That Work? • Missouri Independent.” Missouri Independent, August 23, 2024. https://missouriindependent.com/2024/08/23/trump-promises-mass-deportations-of-undocumented-people-how-would-that-work/. 

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9. Pew Research Center. 2019. “Public’s Priorities for U.S. Asylum Policy: More Judges for Cases, Safe Conditions for Migrants.” Pew Research Center - U.S. Politics & Policy. August 12, 2019. https://www.pewresearch.org/politics/2019/08/12/publics-priorities-for-u-s-asylum-policy-more-judges-for-cases-safe-conditions-for-migrants/.

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10. Rein, Lisa, and Andrew Ba Tran. 2017. “How the Trump Era Is Changing the Federal Bureaucracy.” Washington Post. December 30, 2017. https://www.washingtonpost.com/politics/how-the-trump-era-is-changing-the-federal-bureaucracy/2017/12/30/8d5149c6-daa7-11e7-b859-fb0995360725_story.html.

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11. Roy, Diana. 2023. “Seeking Protection: How the U.S. Asylum Process Works.” Council on Foreign Relations. May 10, 2023. https://www.cfr.org/backgrounder/seeking-protection-how-us-asylum-process-works.
12. Sacchetti, Maria, Anthony Rivera, Abbie Cheeseman, and Justine McDaniel. “Kamala Harris’s Immigration Policies, Explained - Washington Post.” The Washington Post, September 10, 2024. https://www.washingtonpost.com/politics/interactive/2023/presidential-candidates-2024-policies-issues/kamala-harris-immigration/. 
13. Government of Canada. “Canada-U.S. Safe Third Country Agreement.” Canada.ca, 27 March 2023, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html. Accessed 15 September 2024.

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