Humanitarian Protections

The most common ways that people access humanitarian protection in the United States is either through the refugee resettlement program or seeking asylum.

Both refugees and asylum seekers must meet the same definition of fleeing persecution or having a well-founded fear of persecution due to race, national origin, religion, political opinion, or membership in a particular social group. The difference lies in their path to gaining protection in the United States.

Refugees

Refugees are unable to return to their home country after fleeing and seeking asylum in another country. They apply for refugee status through the UNHCR and then are selected for resettlement. Refugees do not get to choose the country where they will be resettled, but are more likely to be resettled in the U.S. if they already have family members living here. 

The number of refugees admitted into the U.S. has varied widely since the modern resettlement system was established. The average annual admissions since 1980 have been 73,285 people per year with the highest number of arrivals in the early 80s at over 200,000 people and the lowest in 2021 with only 11,411 refugees resettled.

On January 22, 2025 President Trump signed an Executive Order that suspended refugee resettlement, cancelling flights and suspending the Department of State’s decisions on applications. His administration also cancelled contracts with resettlement agencies, cutting off funding to support refugees waiting abroad and those who had recently arrived in the U.S. These actions have effectively suspended the 45-year-old refugee resettlement program in the United States.

Asylum seekers

Asylum seekers are also fleeing persecution in their home country, but they apply for asylum either at the border or from within the United States. Seeking asylum can only be done when someone is physically in the U.S. or at a port of entry.

Once in the U.S., someone is allowed to apply for asylum regardless of their immigration status. Therefore, it is possible for someone to cross the border illegally, but then be allowed to stay in the country legally to pursue their claim, often because they have demonstrated a credible fear of persecution if they are deported.

Through Executive Orders, policy memos, and other actions, President Trump has severely limited any opportunity for people to seek asylum. He shut down the CBP One App that, under the Biden administration, was the only way asylum seekers were able to make an appointment to present their asylum claim at a port of entry. President Trump also reinstated Migrant Protection Protocols, which returns asylum seekers back to Mexico without the opportunity to make their asylum claims and forces them to remain there until their initial immigration hearing. Additionally, increased use of military and razor wire along the U.S.-Mexico border prohibits people from stepping onto U.S. soil to make their asylum claims (a right they are given under U.S. law). There have already been legal challenges to these actions, and it remains to be seen how the courts will interpret this new way of applying immigration law. 

Humanitarian Parole

In recent years, we have seen increasing numbers of people seeking humanitarian protection who arrived using humanitarian parole rather than refugee admissions or the asylum application process, such as Afghan evacuees and Ukrainians. Under the Biden administration, nationals from Cuba, Haiti, Nicaragua, and Venezuela were able to apply for and receive humanitarian parole through a private sponsorship program. While humanitarian parole provides a faster way to grant legal authorization for entry to the U.S., it’s important to note that humanitarian parole is a temporary protection and does not grant a pathway to permanent residency

In January 2025, President Trump ended all humanitarian parole programs, including those for Cubans, Nicaraguans, Haitians, Venezuelans and paused the program for Ukrainians. Immigration and Customs Enforcement (ICE) issued a memo that allows immigration officers to strip some recipients of their parole protections and rapidly deport them without first appearing before an immigration judge. On March 25, 2025, the Trump administration announced it is terminating humanitarian parole programs for people from Cuba, Haiti, Nicaragua, and Venezuela who are already in the U.S., effective April 24, 2025. 

Conclusion

There’s a prevalent myth that it’s easy to immigrate to the U.S. for humanitarian reasons, but it’s not as simple as it may seem. The parameters around who qualifies for refugee or asylee status are extremely narrow, and current backlogs in both the refugee pipeline and asylum system make everything slower and more difficult. There are many people whose lives are truly in danger, but who have no current legal path to receive permanent refuge in the United States.

To learn more about the different pathways to immigrate to the United States, watch our Immigration 101 webinar.

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