Making Sense of the News

Who is an Asylee or Asylum Seeker?

Asylees meet the legal definition of refugees, but the admissions process and agencies responsible for reviewing their application differ.

Key points:

• A major difference between asylees and refugees is that asylum seekers submit their applications once in the United States, rather than before arriving.
• After applying for asylum, individuals are often able to remain in the United States with a work permit while their case is reviewed.
  • Applications can take months or years to process. If asylum is granted, the person gains asylee status.
• Asylee status provides pathways to apply for permanent residency (a green card) and later, U.S. citizenship.
• Asylees may be eligible for citizenship after living in the U.S. for at least five years and meeting other requirements.
• The 1951 Refugee Convention and its 1967 Protocol, states everyone has the right to seek asylum — no matter who they are, where they come from, or when they choose to flee.
  • The 1967 Protocol has protected the rights of asylum seekers and refugees since the end of WWII.

In the news: The Trump administration closed the southern U.S. border to asylum seekers. (January 2025) The American Civil Liberties Union, National Immigration Justice Center and other organizations filed a lawsuit in federal court, arguing that the move is illegal. (February 2025)

Who Receives Humanitarian Parole?

Parole is a temporary, legal immigration status, often used during a humanitarian crisis, to quickly grant entry to the U.S. Recent examples include granting humanitarian parole to Afghans and Ukrainians. Parole is also used to allow individuals to seek medical treatment, visit a sick family member or attend the funeral of a family member.

Key points:

• Humanitarian parole is granted before an individual arrives in the U.S.
• Even with quick processing (usually within 90 days), parolees still undergo vetting and background checks.
• Once the parole period has ended, a person may apply for re-parole by submitting evidence to support the need for an additional parole period.  If not renewed, that person is left without permission to be in the United States.
• Parolees are generally not eligible for public benefits, such as refugee cash assistance or food stamps. (Congress acted to make an exception to this rule for Afghan parolees admitted under Operation Allies Welcome.)
• Parolees can apply for temporary work authorization, which may or may not be granted, during their parole period.
• Permanent status is not usually available without an adjustment act approved by Congress.

In the news: President Trump ended humanitarian parole for migrants of six countries: Cuba, Haiti, Nicaragua, Venezuela, Ukraine and Afghanistan. (January and February 2025) Parolees from those countries can legally stay in the U.S. until their parole expires, but the Trump administration stopped processing their applications for asylum, visas and other requests that might allow them to remain longer.

Who Receives Temporary Protected Status (TPS)?

TPS is a legal immigration status available only to individuals from designated countries facing crisis conditions such as armed conflict, natural disasters or other extraordinary circumstances. TPS is typically granted for 6, 12, or 18 months.

Key points:

• An individual is eligible for TPS if they are physically present in the United States when the TPS designation date is declared.
• TPS is available only to nationals of countries designated by the Department of Homeland Security.
• The list of which country’s nationals are eligible for TPS varies over time.
• The U.S. government will extend TPS if the emergency conditions still make it necessary.
• TPS holders must apply to renew their TPS once the extension is announced. If not renewed, that person is left without permission to be in the United States.
• TPS holders are eligible to work lawfully in the United States while they have valid TPS.
• TPS does not lead directly to permanent residency, though an individual with TPS can pursue other options leading to permanent residency such as applying for asylum.

In the news: The Trump Administration terminated Temporary Protected Status for Venezuelans under the 2023 TPS designation, ending April 2, 2025. The decision is being challenged in court. If an injunction is granted, it could extend TPS protection every six months. Another 2021 TPS designation for Venezuelans will be decided in July 2025.

Who is an Immigrant?

People who choose to move to another country and want to live there permanently are generally referred to as immigrants. The term has often been used to designate people who move by choice, rather than those who flee due to a life-threatening situation, however that is not always true. There are several immigration categories based on employment, family relationships and humanitarian need.