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ASYLUM-SEEKERS
Detention, expedited removal proceedings, and the one-year asylum filing deadline
make it difficult, and in some cases impossible, for asylum-seekers to access the U.S.
asylum system. Numeric limitations on certain types of asylum grants and on
adjustment of status to lawful permanent residence (LPR) prevent asylees from
benefiting from LPR status in a timely manner.
Expedited Removal
The expedited removal process allows for the immediate removal of an asylum-seeker
without providing him or her the opportunity to present a complete asylum claim. Most
asylum-seekers are unable to secure proper identity or travel documents. This is due
to the fact that they often flee war-torn countries where government agencies
charged with passport issuance do not function. Others cannot risk approaching the
very government that they are fleeing in order to obtain proper identity documents.
Despite these realities, asylum-seekers who arrive at U.S. ports-of-entry without
documents or with false documents, are subject to expedited removal proceedings.
Expedited removal, created by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), allows the government to return such individuals to
the very countries they fled, without an asylum hearing before an Immigration Judge.
After arrival and initial questions by an inspections officer, persons subject to
expedited removal are sent to "secondary inspection." Unless they indicate a desire to
apply for asylum or express a fear of persecution in their home country, they face
summary return to their last port of embarkation. If they successfully convey their
fears, they must then demonstrate that they have a "credible fear" of persecution. At
the credible fear interview, the individual must establish that there is a significant
possibility that he or she could make out a legitimate claim for asylum. An asylum
officer makes the credible fear determination. An Immigration Judge cannot review
adverse credible fear determinations. Prior to the credible fear finding, the individual
must be detained.
As Most Reverend Nicholas DiMarzio, Bishop of Brooklyn and member of the U.S.
Conference of Catholic Bishops Committee on Migration has stated, "It is our view that
[expedited removal] violates basic human rights and dignity. A nation founded on the
principle of freedom and democracy should not summarily reject those who come to
our shores to escape tyranny and persecution." (1)
Inconsistent Parole/Release Policies
Although the law presumes that the government will release those who have passed
the credible fear screening, inconsistent release practices have plagued the expedited
removal process since its inception. Significant numbers of asylum-seekers are
unnecessarily detained because certain districts arbitrarily refuse to release them.
After September 11th, many districts imposed more stringent documentation
requirements upon asylum-seekers requesting parole. As stated above, many
asylum-seekers have been unable to meet those requests and secure valid travel or
identity documents. As a result, these individuals remain detained.
One-Year Filing Deadline
In 1996, Congress also introduced a one-year asylum filing deadline. As it stands, a
person who wishes to apply for asylum in the United States must do so within a year
of his or her arrival. There are only narrow exceptions to this deadline. They include
provisions permitting late filings if the individual can show either "changed
circumstances" that affected the person's eligibility for asylum, or that the delay in filing
was caused by "extraordinary circumstances." Getting around the one-year filing
deadline can be a daunting task. Immigration Judges and Asylum Officers often require
documentation that many asylum-seekers cannot secure.
Coercive Population Control and Asylee Adjustment Caps
Under current law, no more than 1,000 refugees can be admitted or granted asylum on
the basis of persecution under coercive population-control (CPC) policies. Because the
number of individuals eligible for asylum under this provision is more than 1,000 each
year, there is a waiting list to receive a "final" grant of asylum under this provision.
Initially, an individual eligible for asylum based on CPC receives a "conditional" grant of
asylum. The conditional grant is not made final until an authorized CPC asylum approval
number is made available by the government. Ultimately, this prolongs an
asylum-seeker's ability to finalize his or her asylee status and consequently, his or her
lawful permanent resident status.
Asylees must wait until one year after they receive a final grant of asylum before they
are eligible to apply for lawful permanent residence. However, only 10,000 asylees
may adjust to LPR status each year. Last year, over 25,000 individuals were granted
asylum. The 10,000 annual asylee adjustment cap has resulted in a significant backlog.
In July 2003, U.S. Citizenship and Immigration Services (USCIS) acknowledged that the
asylee adjustment backlog was 13 years.
Lawful permanent residence is a precursor to U.S. citizenship, which allows for the
full participation of asylees in our society. An LPR may apply for citizenship once he or
she has held LPR status for five years. Citizenship carries many benefits, including
rights to vote and hold public office; the possession of a U.S. passport; protection
against removal; greater access to employment and educational opportunities; and the
ability to expedite admission of certain family members to the United States as
immediate relatives. The current 13-year asylee-adjustment backlog significantly delays
the achievement of citizenship, as well as the greater rights and civic responsibilities
that accompany it.
Solution
Asylum-seekers who have established a credible fear of persecution should not be
detained. Expedited removal, the one-year asylum filing deadline and the 1,000 annual
limit on asylum grants based on CPC policies were established by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996. These provisions should be repealed.
(2) In addition, the asylee adjustment cap and current backlog must be eliminated.
footnotes
1.Testimony of Most Reverend Nicholas DiMarzio, before the Senate Subcommittee on
Immigration, May 3, 2001.
2. Ibid.
Detention, expedited removal proceedings, and the one-year asylum filing deadline
make it difficult, and in some cases impossible, for asylum-seekers to access the U.S.
asylum system. Numeric limitations on certain types of asylum grants and on
adjustment of status to lawful permanent residence (LPR) prevent asylees from
benefiting from LPR status in a timely manner.
Expedited Removal
The expedited removal process allows for the immediate removal of an asylum-seeker
without providing him or her the opportunity to present a complete asylum claim. Most
asylum-seekers are unable to secure proper identity or travel documents. This is due
to the fact that they often flee war-torn countries where government agencies
charged with passport issuance do not function. Others cannot risk approaching the
very government that they are fleeing in order to obtain proper identity documents.
Despite these realities, asylum-seekers who arrive at U.S. ports-of-entry without
documents or with false documents, are subject to expedited removal proceedings.
Expedited removal, created by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), allows the government to return such individuals to
the very countries they fled, without an asylum hearing before an Immigration Judge.
After arrival and initial questions by an inspections officer, persons subject to
expedited removal are sent to "secondary inspection." Unless they indicate a desire to
apply for asylum or express a fear of persecution in their home country, they face
summary return to their last port of embarkation. If they successfully convey their
fears, they must then demonstrate that they have a "credible fear" of persecution. At
the credible fear interview, the individual must establish that there is a significant
possibility that he or she could make out a legitimate claim for asylum. An asylum
officer makes the credible fear determination. An Immigration Judge cannot review
adverse credible fear determinations. Prior to the credible fear finding, the individual
must be detained.
As Most Reverend Nicholas DiMarzio, Bishop of Brooklyn and member of the U.S.
Conference of Catholic Bishops Committee on Migration has stated, "It is our view that
[expedited removal] violates basic human rights and dignity. A nation founded on the
principle of freedom and democracy should not summarily reject those who come to
our shores to escape tyranny and persecution." (1)
Inconsistent Parole/Release Policies
Although the law presumes that the government will release those who have passed
the credible fear screening, inconsistent release practices have plagued the expedited
removal process since its inception. Significant numbers of asylum-seekers are
unnecessarily detained because certain districts arbitrarily refuse to release them.
After September 11th, many districts imposed more stringent documentation
requirements upon asylum-seekers requesting parole. As stated above, many
asylum-seekers have been unable to meet those requests and secure valid travel or
identity documents. As a result, these individuals remain detained.
One-Year Filing Deadline
In 1996, Congress also introduced a one-year asylum filing deadline. As it stands, a
person who wishes to apply for asylum in the United States must do so within a year
of his or her arrival. There are only narrow exceptions to this deadline. They include
provisions permitting late filings if the individual can show either "changed
circumstances" that affected the person's eligibility for asylum, or that the delay in filing
was caused by "extraordinary circumstances." Getting around the one-year filing
deadline can be a daunting task. Immigration Judges and Asylum Officers often require
documentation that many asylum-seekers cannot secure.
Coercive Population Control and Asylee Adjustment Caps
Under current law, no more than 1,000 refugees can be admitted or granted asylum on
the basis of persecution under coercive population-control (CPC) policies. Because the
number of individuals eligible for asylum under this provision is more than 1,000 each
year, there is a waiting list to receive a "final" grant of asylum under this provision.
Initially, an individual eligible for asylum based on CPC receives a "conditional" grant of
asylum. The conditional grant is not made final until an authorized CPC asylum approval
number is made available by the government. Ultimately, this prolongs an
asylum-seeker's ability to finalize his or her asylee status and consequently, his or her
lawful permanent resident status.
Asylees must wait until one year after they receive a final grant of asylum before they
are eligible to apply for lawful permanent residence. However, only 10,000 asylees
may adjust to LPR status each year. Last year, over 25,000 individuals were granted
asylum. The 10,000 annual asylee adjustment cap has resulted in a significant backlog.
In July 2003, U.S. Citizenship and Immigration Services (USCIS) acknowledged that the
asylee adjustment backlog was 13 years.
Lawful permanent residence is a precursor to U.S. citizenship, which allows for the
full participation of asylees in our society. An LPR may apply for citizenship once he or
she has held LPR status for five years. Citizenship carries many benefits, including
rights to vote and hold public office; the possession of a U.S. passport; protection
against removal; greater access to employment and educational opportunities; and the
ability to expedite admission of certain family members to the United States as
immediate relatives. The current 13-year asylee-adjustment backlog significantly delays
the achievement of citizenship, as well as the greater rights and civic responsibilities
that accompany it.
Solution
Asylum-seekers who have established a credible fear of persecution should not be
detained. Expedited removal, the one-year asylum filing deadline and the 1,000 annual
limit on asylum grants based on CPC policies were established by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996. These provisions should be repealed.
(2) In addition, the asylee adjustment cap and current backlog must be eliminated.
footnotes
1.Testimony of Most Reverend Nicholas DiMarzio, before the Senate Subcommittee on
Immigration, May 3, 2001.
2. Ibid.
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Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration