According to NOLO.com, citizens of other countries apply for amnesty in America if they can demonstrate two things:

•You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you go back.
•The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion.


It goes on to define persecution:

"Persecution means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm.

Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:
•imprisoned and tortured political dissidents or supposed undesirables
•fired on protesters
•commited genocide against a certain race
•made sure that members of a certain religion were left out of the political process,
•and much more.

Even if a foreign government stands by while someone else commits acts of persecution -- for example, if the authorities are unwilling or unable to exercise control while members of a vigilante squad gang up on gays and lesbians or while members of a guerilla group threaten or kidnap people who won't voluntarily join them -- this too can qualify as persecution, which would support asylum or refugee status."


So though it sounds extreme, that's essentially what we're looking at. The failure to control vigilantes who would do us harm. America would protect foreigners from the indignity of persecution before providing that security for its own.