Asylum and "Credible Fear" Issues in U.S. Immigration Policy

Asylum and “Credible Fear” Issues in U.S. Immigration PolicyFigure 3. Defensive Asylum Cases Filed and ApprovedFY1996-FY2009140 Thousands Approvals Receipts12010080604020019961997199819992000200120022003200420052006200720082009Fiscal YearSource: CRS presentation of data from the Office of Planning, Analysis and Technology in the Executive Officefor Immigration Review.Notes: Data represent cases not individuals.Defensive asylum claims made during EOIR proceedings started at a lower level in FY1996(84,293) than affirmative USCIS claims (116,877). Since that time, defensive asylum claims havedropped by 53%, to 39,279 in FY2009. The number of asylum cases that EOIR judges haveapproved, however, has risen by 99% over this 14-year period. EOIR approved 5,131 in FY1996and 10,186 in FY2009, as shown in Figure 3.Expedited Removal ClaimsDHS’ Customs and Border Protection (CBP) officer must summarily exclude a foreign nationalarriving without proper documentation, unless the alien expresses a fear of persecution ifrepatriated. Absent a stated fear, the CBP officer is allowed to exclude aliens without properdocumentation from the United States without placing them in removal proceedings. 30 Thisprocedure is known as expedited removal. 31 According to DHS immigration policy and30 Executive Office for Immigration Review, Asylum and Withholding of Removal Relief, U.S. Department of Justice,Fact Sheet, January 15, 2009, http://www.justice.gov/eoir/press/09/AsylumWithholdingCATProtections.pdf.31 CRS Report RL33109, Immigration Policy on Expedited Removal of Aliens, by Alison Siskin and Ruth Ellen(continued...)Congressional Research Service 9