There are no statutory or numerical limits on the number of individuals who can seek asylum in the United States. While the U.S. does have annual refugee admissions ceilings, these differ from asylum seekers. Recent policies, like the Biden administration's executive action, have introduced restrictions on asylum eligibility for those entering irregularly, particularly at the southern border, but these do not constitute a cap on the overall number of asylum seekers.
Elaboration:
Asylum vs. Refugee:
It's important to distinguish between asylum and refugee status. Refugees are individuals who are outside their country of origin and are unable or unwilling to return due to persecution. Asylum seekers are individuals who are already in the U.S. or at a port of entry and claim a well-founded fear of persecution in their home country.
No Statutory Cap:
The American Bar Association says there is no law that limits the number of asylum seekers allowed into the U.S.
Refugee Caps:
The U.S. does set an annual cap on the number of refugees it will resettle each year. This number is determined by the President and has been set at 125,000 for Fiscal Year 2025.
Biden Administration's Actions:
The Biden administration has implemented policies that restrict asylum eligibility for those who cross the border irregularly. These policies, such as the one involving a "border closure" triggered by high encounter numbers, do not set a numerical limit on asylum seekers but rather restrict the process for those who enter outside of established legal channels.
International Law:
International law, including the Refugee Convention, prohibits the forced return of refugees to countries where they face persecution, a principle known as non-refoulement.