The right to political asylum is a fundamental human right that is guaranteed by the United Nations Declaration on the Rights of the Refugee and international agreements including the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. This right is based on the principle that no one should be arbitrarily deprived of life, liberty or security.
In general, people who claim asylum have either a credible or reasonable fear of persecution in their home country and are eligible for protection as a refugee in the United States, or more limited forms of relief such as withholding of removal or protection under the Convention Against Torture while in removal proceedings before an immigration judge.
However, the process for obtaining asylum is often complex and can be difficult for people who are unaccompanied by legal counsel. This is especially true for people who are detained. Detention can also make it more difficult for people seeking asylum to retain pro bono attorneys willing to commit to representing them throughout the duration of their case, which can take years.
In addition, many people who are seeking asylum have experienced trauma and exhibit symptoms such as posttrauma pathology, including but not limited to PTSD, depression, and anxiety disorders. There is evidence that the large waves of displaced persons moving to Europe over the last decade have been at higher risk for these problems than similar groups of displaced persons in the past.