When is a suspect able to apply for asylum in the U.S.?

A suspect can apply for asylum in the U.S. when they are physically present in the country or at a port of entry. This requirement is rooted in U.S. immigration law, which stipulates that an individual must demonstrate their presence to be eligible to seek protection. The rationale behind this is to ensure that applicants can be processed under the asylum system, safeguarding the procedures designed to evaluate their claims for protection against persecution or harm in their home countries.

Being at a port of entry emphasizes that individuals looking for asylum must formally initiate their request upon arriving in the United States, rather than waiting until a later time or after a certain period of residency. This provision ensures that the immigration system can promptly address the needs of those fleeing dangerous circumstances and allows U.S. authorities to maintain an organized and timely asylum process.