The ICE check-ins are a condition of release from detention. It is a way for the US government to monitor a person's location and verify that they are following the conditions of their release. The check-in date is usually listed on the Order of Release on Recognizance or Order of Supervision.

The article explains what asylum is, the legal requirements to be eligible for asylum, and the reasons people can be denied asylum.

What is asylum?

Asylum is a form of protection that allows a person to remain in the United States instead of being removed (deported) to a country where they fear significant harm or persecution. Under U.S. law, if someone flees their country because they fear they will be persecuted for a specific reason, they can apply for asylum. A person must be physically present in the U.S. or seeking entry into the U.S. at a port of entry, to apply for asylum in the U.S. The process to apply for asylum is long, but if a person is granted asylum, they are granted work authorization in the U.S. and may apply for lawful permanent residence (a green card) after one year. 

What are the legal requirements to be eligible for asylum in the United States?

A person is eligible for asylum in the United States if they meet all of the following requirements:

  1. They are not from the United States and are in the United States or at a US port of entry.
  2. They have faced persecution in the past or have a reasonable fear of persecution in their home country. Persecution means really serious harm. This can be physical, sexual, emotional, and/or psychological harm. 
  3. They were persecuted or fear they will be persecuted because of one or more of the following characteristics:
    • Race;
    • Religion;
    • Political opinion;
    • Nationality;
    • Membership in a particular social group (such as their gender, sexual orientation, or family group).
  4. They were persecuted or fear persecution by the government, or by a person or group the government is unable or unwilling to control. 
  5. They could not reasonably be safe in any part of their home country, even a different city or region than where they used to live.

A person must meet all of the requirements in order to be eligible for asylum. 

The most important thing to remember is that a person must show that the type of harm they experienced or that they fear must be related to part of who they individually are as a person. To qualify for asylum, a person has to show that something about them specifically puts them at risk – and it has to be for one of the five reasons listed above. For example, a person could be at risk because of who they are related to. They could also be at risk because of what they believe (for instance, that women are equal to men) or for something they have done (like going going to a protest). These are not the only things that could qualify they are just examples. It is important to know that a person cannot be granted asylum because of a generally bad situation that almost everyone in their country faces - they must show they are at particular risk specifically for who they are. 

There are several reasons people can be denied asylum even if they qualify - these are called bars to asylum. One important bar to keep in mind is that if a person has permanent status in a country that is not their own, they usually cannot get asylum in the United States unless they show that they are not safe in the place where they have permanent status. People who have previously applied for and been denied asylum by an immigration judge in the U.S. are also generally not allowed to apply for asylum in the United States again. Depending on how they entered the United States, people from countries other than Mexico who entered the US at the US-Mexico border or by sea after May 11, 2023 may face additional restrictions or bars to asylum

It is important to remember that people must apply for asylum within one year of when they arrived in the United States. If they do not apply on time, they may be denied asylum.

Ask for help from "Beporsed"

For those Afghans seeking specific information, "Beporsed" is here to help. You can reach our information center through WhatsApp (+93729807235), Facebook Messenger, or our website's Messenger to ask our online information desk officer for assistance.

For more information

For more information on immigration, resettlement, education and scholarship programs, and other opportunities available to Afghans worldwide, as well as details on the humanitarian services provided by international organizations in Afghanistan and procedures for obtaining civil documents from governmental institutions, please visit Beporsed's website and social media pages.

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