Each year, there are thousands of individuals from all countries around the world who seek to enter into the United States to obtain protection from persecution due to their:
- Human right stances;
- Religious beliefs; and
- Many other positions which put them at risk for violence or imprisonment.
One of the most common reasons that an individual may apply for refuge is that they are facing persecution for their political beliefs or actions in their home country. Applying for protection, however, is often a bureaucratic minefield which confuses many individuals and often requires the expertise of a legal expert to navigate.
Who Decides Who Gets Political Refugee Status?
Individuals who are seeking protection will be required to apply for refugee status with the United Nations High Commissioner for Refugees. The United Nations High Commissioner for Refugees is an arm of the United Nations which deals exclusively with these types of issues.
The Commissioner’s office then conducts a background check and an extensive search to determine if an applicant is eligible. This process may include interviews which occur in person or via electronic communication.
The Commissioner’s office will then either approve or deny the applicant’s refugee status. Individuals who are seeking to enter the United States as political refugees may go to any embassy in their home country or in another host country if they have fled their country.
If the United Nations approves an individual’s refugee status, the employees at the embassy will review the individual’s eligibility and determine whether or not to begin the resettlement process. If an individual is approved, the United Nations will contact the State Department to begin obtaining travel documents and other necessary paperwork so the individual can be transferred to the United States.
What is the United Nations High Commissioner for Refugees?
The United Nations High Commissioner for Refugees (UNHCR) leads and coordinates international actions to protect individuals who are refugees. The main goal of the UNHCR is to safeguard the rights and well-being of refugees and help to ensure that they can exercise their right to seek asylum and find safe refuge.
What are the Requirements for Political Refugee Status?
In order for an individual to be eligible for political refugee status in the United States, they must show that they possess a well-founded fear of persecution. This fear will be analyzed using the standard set forth in the 1987 Supreme Court case INS v. Cardoza-Fonseca.
To meet this standard, the individual is required to show that they face persecution and/or they are in danger in their home country because of their political beliefs or their membership in a political group. This may be evidenced by a threat of violence, although that is not a requirement.
Each case will be examined based on the circumstances including the country of origin as well as numerous other factors. A good way to prove a well-founded fear of persecution is threats and past examples of persecution.
So long as an applicant can demonstrate that a reasonable individual would fear for their safety or freedom under the same circumstances, this requirement can be fulfilled. For example, if an individual was imprisoned for their political statements or affiliations.
In addition, an individual may provide evidence of persecution through:
- News stories;
- Video;
- Photographs; and
- Witness testimony.
What Are Refugees’ Rights?
A refugee must respect the laws of their country of asylum. Refugees, however, have rights of their own, which include:
- The right to safe asylum;
- Physical safety;
- The rights and basic help which is afforded to other foreigners who are legal residents, including:
- freedom of thought;
- freedom of movement; and
- freedom from torture and degrading treatment;
- Economic and social rights; and
- Medical care;
- Schooling; and
- The right to work.
If sufficient government resources are not available, the UNHCR may be able to provide assistance.
Who Can Be a Refugee?
There are certain classes of individuals who can be refugees. The legal definition of a refugee is an individual who is outside of their country due to a well-founded fear of persecution based upon:
- Race;
- Religion;
- Nationality;
- Political opinion; or
- Membership in a particular social group.
There are questions regarding whether particular groups of individuals can be considered refugees, including:
- Draft evaders – Countries have the right to ask their citizens to bear arms in national emergencies, however, the citizens should also have a right to conscientiously object. A draft evader who fears persecution on political or other grounds may be eligible for refugee status;
- Criminals – Those who have committed a crime and received a fair trial may not necessarily be a refugee. However, an individual is not necessarily excluded from being a refugee if, in addition to non-political crimes, they are also being persecuted for political or other reasons;
- War criminals – Those who have participated in war crimes and who have violated international humanitarian and human rights law are specifically excluded from refugee status;
- Soldiers – Refugees are civilians. A soldiers who fought against their country of origin cannot be considered a refugee;
- Women facing persecution because of their refusal to comply with social constraints – Women who flee discrimination or persecution for their failure to conform to strict social codes may be considered for refugee status;
- Women fearing genital mutilation – France, the Netherlands, Canada, and the United States have recognized that genital mutilation is a form of persecution and can be a basis for refugee status; and
- Sexual orientation – A homosexual may be eligible for refugee status based on persecution because of their membership in a particular social group.
Does the Persecution Need to Come from the Government?
Persecution does not necessarily have to come from the government. An individual can still seek political refugee status even if the persecution is not being committed by the government of an organization that is under government control, such as:
- The military;
- Police; or
- Other forces.
The persecution may come from other groups, including:
- Paramilitary organizations;
- Guerilla and rebel groups; and
- Other groups with power and influence in the country.
So long as an individual can meet the requirements set by United States law, they may be eligible for refugee status.
Are Asylum Claims and Political Refugee Status the Same Thing?
Asylum claims and political refugee status are not exactly the same thing, although they do share some similarities. Each process is its own separate immigration process.
Political refugees apply for their status when they are outside of the United States for safe passage into the U.S. Asylum refers to an individual who has already entered the United States or has attempted to through a port of entry and is filing an application to remain in the U.S.
There are specific protections and programs which refugees have access to that asylum seekers do not. These include assistance for medical expenses and living expenses until the individual can become financially stable in their new country.
Should I Contact a Lawyer about My Status as a Refugee?
Immigration laws are very broad and may be confusing to individuals applying for refugee status. An immigration lawyer can assist you through the process of becoming a refugee.
If you are eligible, your attorney can help you seek permanent residence. Having an attorney on your case will help ensure that your application is completely and properly submitted and your case proceeds as quickly as possible.
