Can we get asylum protection for an immigrant awaiting deportation?

Non-immigrants who overstay their temporary visas may be placed in removal (formerly known as deportation) proceedings.  Non-immigrants in this situation may make an asylum claim during the removal hearing.  While awaiting the hearing, the detainees are held in a jail, usually designated for others facing removal. Foreign nationals who are found to have entered the United States illegally will also be detained.  Foreigners who enter the United States illegally and claim they came to the U.S. seeking asylum from persecution from one of the categories designated by U.S. law will have the opportunity to explain their situation if they request a “cancellation of removal” hearing.  People who seek asylum after being placed in removal hearings are applying for “defensive asylum” which means simply that they did not apply for asylum until they were caught staying in the U.S. illegally.