If you're actively seeking asylum in the U.S.,
chances are you have taken the initiative to file applications,
sought legal advice or legal representation,
and you are waiting to hear about the decision.
This can go a few ways, but the two main outcomes would be:
you're granted asylum, or you're denied asylum.
affirmative asylum
This is a simplified process of affirmative asylum application,
where migrants who come in to the U.S. without previously obtained documentation.
They announce themselves to border agents and fill in asylum applications
within one year of arrival.
Asylum seekers are people who are leaving their country of residence
for fear of being prosecuted based on their race, religion, etc.
But different from refugees, asylum seekers are the ones who have
not received refugee status but are still seeking to leave their countries.
But asylum applications are sometimes denied,
and your chances vary a lot with your nationality.
For asylum seekers who are citizens of Mexico and Guatemala,
their affirmative applications are eight times more likely to be denied
than asylum seekers from Russia or Egypt.
Russians and Egyptians actively seeking asylum in the U.S. are eight times more likely
to be granted asylum than Mexicans and Guatemalans
In fiscal year 2020, Russian and Egyptian migrants actively seeking asylum (affirmative asylum seekers) in the U.S. were mostly granted it,
whereas migrants from Mexico and Guatemala rarely were.
The circles’ varying sizes are in proportion
to the number of people granted asylum.
In Russia,122 people out of 148 were
granted asylum.
In Mexico, 14 out of 236 were.
Russia
148 applied
82.4% granted
Egypt
Mexico
236 applied
117 applied
5.9% granted
81.2% granted
Guatemala
190 applied
16% granted
Russians and Egyptians asylum seekers in the U.S.
are eight times more likely to be granted asylum
than Mexicans and Guatemalans
In fiscal year 2020, Russian and Egyptian migrants actively seeking asylum
(affirmative asylum seekers) in the U.S. were mostly granted it, whereas
migrants from Mexico and Guatemala rarely were.
In Russia,122 people out
of 148 were granted asylum.
In Mexico, 14 out of 236 were.
Russia
148 applied
82.4% granted
Mexico
236 applied
5.9% granted
Egypt
117 applied
81.2% granted
Guatemala
190 applied
16% granted
The contrast between asylum admissions in Mexico,
Guatemala, Russia and Egypt is stark.
In a data analysis of the 10 countries with the most
affirmative asylum applications to the U.S.,
Russian asylum seekers were granted asylum at the highest rate in
fiscal year 2020. Mexican asylum seekers, on the other hand,
consistently face one of the lowest, and often the lowest,
asylum admission rate.
Note: these are people who have come in and followed the government
instructions to apply for asylum within one year. It's likely they thought
they had a good case.
But the pattern of disparities are consistent throughout the last ten years.
Mexican, Guatemalan, and Brazilian asylum seekers consistently faced
admission rates lower than 30 percent while Russia, Egypt, and Nepal consistently
had over 70 percent of affirmative asylum seekers admitted.
So how did this happen?
A variety of factors contribute to affirmative asylum outcomes.
According to Austin Kocher, an immigration legal geographer at Syracuse University,
some of the largest areas of disparities include whether someone has
legal representation, whether someone is detained,
and the specific immigration agreements the U.S. has with that particular country.
But around 80 percent of Mexican and Guatemalan affirmative asylum seekers were represented in 2020.
This level of representation is similar to Russian asylum seekers in 2020.
Similarly, few of the affirmative asylum seekers were detained at the time of their asylum application.
Another factor, says asylum attorney Robin Nice, is the fact that gang violence cannot be valid ground for an asylum claim.
For many seeking asylum after leaving Central America and Mexico, gang violence and extortion are the main reasons why they left.
The Immigration and Naturalization Act writes that a valid asylum claim comes from people who
"have suffered or fear that they will suffer prosecution due to their race, religion, nationality,
membership in a particular social group, or political opinion." And gang violence qualifies for none of the above.
"Our case law is written really well to exclude people who are afraid of gang violence, and I think that's intentional," Nice said.
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