Asylum Seeker:

According to international refugee law, a refugee is someone who seeks refuge in a foreign country because of war and violence, or out of fear of persecution. The United States recognizes persecution "on account of race, religion, nationality, political opinion, or membership in a particular social group" as grounds for seeking asylum.[43] Until a request for refuge has been accepted, the person is referred to as an asylum seeker. Only after the recognition of the asylum seeker's protection needs, he or she is officially referred to as a refugee and enjoys refugee status, which carries certain rights and obligations according to the legislation of the receiving country. The practical determination of whether a person is a refugee or not is most often left to certain government agencies within the host country. This can lead to a situation where the country will neither recognize the refugee status of the asylum seekers nor see them as legitimate migrants and treat them as illegal aliens. On the other hand, fraudulent requests in an environment of lax enforcement could lead to improper classification as refugee, resulting in the diversion of resources from those with a genuine need.[citation needed] The percentage of asylum/refugee seekers who do not meet the international standards of special-needs refugee, and for whom resettlement is deemed proper, varies from country to country. Failed asylum applicants are most often deported, sometimes after imprisonment or detention, as in the United Kingdom. A claim for asylum may also be made onshore, usually after making an unauthorized arrival. Some governments are tolerant and accepting of onshore asylum claims; other governments arrest or detain those who attempt to seek asylum; sometimes while processing their claims.[citation needed] Non-governmental organizations concerned with refugees and asylum seekers have pointed out difficulties for displaced persons to seek asylum in industrialized countries. As their immigration policy often focuses on the fight of irregular migration and the strengthening of border controls it deters displaced persons from entering territory in which they could lodge an asylum claim. The lack of opportunities to legally access the asylum procedures can force asylum seekers to undertake often expensive and hazardous attempts at illegal entry. Concerns over arbitrariness in asylum adjudication in the United States have led some commentators to describe the process as refugee roulette; that is, a system in which the identity of the adjudicator, rather than the strength of the asylum seeker's claim, is the determining factor in winning an asylum claim.

Many Americans believe that the process of being granted asylum is easily abused by persons who seek this status in order to come to and stay in the United States, whether to work, to commit crimes or to endanger national security. In fact, asylum applications are subject to stringent review procedures by adjudicators in the Department of Homeland Security and the Department of Justice and to rigorous background and security checks. And in the end, most applications are denied. For example, the Department of Justice has denied over 80% of what are called "defensive asylum applications" in each of the past two years. (see TRAC's report on the Asylum Process) Asylum decisions are discretionary, meaning the decision maker can weigh all the evidence and other factors and decide purely on the basis of his or her judgment. That said, however, each decision is handed down within a framework of law and judicial opinions interpreting the law. Below is an examination of the legal requirements that have been established in regard to deciding whether an individual is, or is not, eligible for asylum.

To win legal protection from being deported asylum seekers must: 1. Be outside their country of nationality. Asylees are by definition in the United States and thus necessarily outside their country of nationality. 2. Be afraid of persecution. Torture and imprisonment are persecution - recognized under the law, but harassment or discrimination usually are not. Where these lines are drawn is different in each case. 3. Be harmed or fear harm by the government or others. Harm by the police or the army counts. Harm by right-wing or left-wing political groups or religious zealots that the government is "unable or unwilling to control" also counts. 4. Be affected by at least one of several defined conditions. As suggested above, these conditions are: political opinion, race, religion, nationality, and social group. The last category, social group, usually refers to people with certain characteristics that a particular society might lump together and have generally unfavorable attitudes about, such as homosexuals. The law generally does not include people who fled their homes due to civil wars, generalized violence, and criminal prosecution. However, even these reasons may suffice if they can be connected to one of the five listed reasons. 5. Not be a dangerous person. Finally,international law recognizes that countries have the right to exclude asylum seekers who may be a danger to society. These include those who have committed serious crimes, pose threats to national security, or who have committed war crimes or "crimes against humanity". Terrorism concerns can lead to automatic disqualification from asylum. Even before the events of 9/11, people with terrorist connections were ineligible for asylum and subject to deportation. However, laws passed by Congress after 9/11 in 2001 and again 2005 have broadened restrictions

even further. Under current U.S. law, any person who provides "material support" to terrorists will be refused asylum. Since there is no exemption for cases of coercion, even acts such as providing drinking water at gunpoint to terrorists are to be considered material support.