As the fighting in Ukraine intensifies, Ukrainians continue pouring out of the country as they seek safety elsewhere. Here in the U.S., this could lead to an uptick of Ukrainian migrants seeking asylum in the U.S. Because of increasing tension, it’s not just Ukrainians who are likely to seek refuge in the states. Russian migrants seeking safety from an increasingly oppressive regime are also likely to come.

At the U.S.-Mexico border, border patrol officials have documented a climb in migrants from Russia and Ukraine. These migrants seek safety in Mexico and then continue their journey through the country until they reach one of the U.S. southern ports of entry.

According to border officials, between October 2021 and January of this year, there have been roughly 6,400 encounters with Russian migrants. This is roughly 4,100 migrants higher than the number encountered in the entire 2021 fiscal year. There has been a similar increase in Ukrainian migrants as well. Since October 2021, there were a little over 1,000 Ukrainian migrant encounters as compared to the 680 encounters in all of the previous fiscal year.

As the fighting continues in Ukraine, it is likely that these numbers will only increase as Ukrainian migrants seek asylum in the U.S. But what exactly is asylum and who can claim it?

As described by the United Nations High Commissioner for Refugees, a UN agency designed to help and protect refugees, asylum seekers are individuals looking for safety due to prosecutions in their home country. Under U.S. law individuals who apply for and are granted asylum cannot be deported back to their home country.

Scott Messinger, an immigration attorney based in Queens, New York, explains some of the requirements for asylum. “An applicant for asylum must demonstrate that they have been the victim of persecution in the past based on their race, religion, natural origin, membership in a particular social group or political opinion or that they have a reasonable fear of being persecuted if they were to return to their home country.” The process involves either an interview with an official from the Department of Homeland Security or a representative of a federal immigration court, depending on whether the application is “affirmative” or “defensive.” Deportation/removal can be the consequence of failing to get approved.

Unlike a refugee, asylees do not have to wait for resettlement through the nation’s Refugee Resettlement program. Instead, individuals who are seeking this protected status must physically be present in the United States and declare that they are seeking asylum. For many migrants, this can be done by arriving at a U.S. port of entry. On average, the U.S. sees roughly 25,000 individuals seeking asylum each year. As immigration policies shift and change with new administrations, the number of asylum seekers does fluctuate.

Just because an individual declares asylum doesn't necessarily mean they will be granted it. In fact, a majority of migrants don't get granted this status. In the fiscal year 2020, data collected at Syracuse University's research organization Transactional Records Access Clearinghouse (TRAC) indicates that roughly 40% of those who applied for the status were granted asylum. This number is an 8% jump from the number of applicants who applied during Trump’s presidency, a time when an overwhelming number of migrants applied for asylum. Trump’s presidency saw record highs with the fiscal year 2020 recording over 10,000 asylum seekers.

Although there is no cap for asylee admissions in a given year, either overall or from different countries, attorney Messinger notes that the country of origin often plays a huge factor in whether an asylum application is granted or not. “Of course,” says Messinger, “if an applicant can meet their burden of demonstrating past persecution or reasonable fear of future persecution, it should not matter what country they are from. But from the start, a political prisoner from Cuba has a greater chance of approval than, say, someone escaping gang violence in Central America.”

Individuals who win asylum in the U.S are known as asylees. In order to obtain asylum, they must show that they can be harmed or face threats of harm if they return to their native country. If an individual has suffered persecution in the past while in their homeland, they may also be able to qualify for asylum.

Once an individual is granted asylum in the U.S., they are entitled to certain public benefits. Eligibilities for asylees include social security income, access to Medicaid, food stamps, and other benefits. Once an asylee begins working, they may also be required to pay taxes on their income as well as other taxes.

The United States is one of a host of countries that take in asylum seekers. Individuals who fear persecution can seek asylum in countries including Germany, Spain, Japan, South Korea, the UK, and Turkey just to name a few. Every country may have its own guidelines as far as how to apply for asylum and what benefits asylees can seek.

As the crisis in Ukraine continues to unfold, some individuals, including those with association with the Ukrainian government, may find themselves seeking asylum. At present, Poland and neighboring countries have taken in a record number of fleeing Ukrainians. As the migrants settle into their new way of life, many will likely seek asylum either in Europe or in the United States.