Fact Check: The Immigration and Nationality Act governs the asylum application process in the U.S.

Fact Check: "The Immigration and Nationality Act governs the asylum application process in the U.S."

What We Know

The Immigration and Nationality Act (INA) is indeed the primary legislation that governs the asylum application process in the United States. Specifically, Section 1158 of Title 8 of the U.S. Code outlines the procedures and requirements for individuals seeking asylum. According to this section, any alien physically present in the U.S. or arriving at its borders can apply for asylum, regardless of their immigration status (8 U.S. Code § 1158).

The Act stipulates that applicants must demonstrate a well-founded fear of persecution based on specific grounds such as race, religion, nationality, membership in a particular social group, or political opinion (USCIS). Furthermore, the INA establishes a one-year filing deadline for asylum applications, with certain exceptions for changed or extraordinary circumstances (USCIS).

Analysis

The claim that the Immigration and Nationality Act governs the asylum application process is supported by multiple credible sources. The legal text of the INA itself, particularly Section 1158, provides a comprehensive framework for asylum applications, detailing eligibility criteria, application procedures, and the responsibilities of the Attorney General in adjudicating these applications (8 U.S. Code § 1158).

The U.S. Citizenship and Immigration Services (USCIS) also confirms that the asylum process is governed by the INA, providing detailed guidance on how individuals can apply for asylum and the legal definitions involved (USCIS). The consistency across these sources reinforces the reliability of the information, indicating that the INA is indeed the governing law for asylum applications in the U.S.

While some sources may present variations in the procedural details or recent policy changes, they all acknowledge the foundational role of the INA in the asylum process. For example, the USCIS outlines the affirmative asylum process and highlights the legal framework established by the INA (USCIS.)). This alignment among legal texts and official government resources suggests a high degree of reliability in the information presented.

Conclusion

Verdict: True
The claim that "The Immigration and Nationality Act governs the asylum application process in the U.S." is accurate. The INA, particularly through Section 1158, provides the legal basis for asylum applications, outlining the eligibility criteria and procedural requirements. The consistency of this information across multiple credible sources further supports the validity of the claim.

Sources

1. Obtaining Asylum in the United States - USCIS
2. The Affirmative Asylum Process | USCIS
3. 8 U.S. Code § 1158 - Asylum | U.S. Code | US Law | LII / Legal ...
4. Application for Asylum and for Withholding of Removal | USCIS
5. Refugees and Asylum - USCIS
6. 8 USC 1158: Asylum - Office of the Law Revision Counsel
7. The Affirmative Asylum Process - USCIS
8. How to seek asylum in the U.S.