What is the difference between defensive asylum and affirmative asylum?

Anyone who comes to the U.S. as a refugee migrant comes seeking affirmative asylum. Asylum children are also welcomed if they or their parents are seeking protection from persecution. Affirmative asylum is achieved by people who apply for status as either a refugee or asylee and seek the protection of the U.S. before they are placed in removal hearings.

People who are in the U.S. either illegally or with an expired temporary visa may be deported. Before deportation, an alien can request a “cancellation of removal” hearing to stop the deportation. If the reason for the cancellation of removal is the alien’s need for protection from prosecution, as dictated by the definitions of asylum granted, it is considered defensive asylum. The main difference is that affirmative asylum is a process started by the alien, whereas the process of defensive asylum is started by immigration officials after an alien has been detained for an illegal presence in the U.S.

In 2008, 22,930 individuals were granted asylum in the United States. A little over half of those individuals were granted affirmative asylum from the USCIS and a little less than half were granted asylum defensively through cancellation of removal hearings.