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

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

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<strong>Asylum</strong> <strong>and</strong> “<strong>Credible</strong> Fear” <strong>Issues</strong> <strong>in</strong> U.S. <strong>Immigration</strong> <strong>Policy</strong>Figure 4. “<strong>Credible</strong> Fear” Claims Received by USCIS <strong>and</strong> EOIRFY2005-FY20096 Thous<strong>and</strong>s EOIR USCIS5432102005 2006 2007 2008 2009Fiscal YearSource: CRS presentation of USCIS Refugees, <strong>Asylum</strong> <strong>and</strong> Parole System data.Notes: Data represent cases not <strong>in</strong>dividuals.The number of “credible fear” claims that USCIS has considered has steadily <strong>in</strong>creased from4,712 <strong>in</strong> FY2005 to 5,454 <strong>in</strong> FY2009—a 16% <strong>in</strong>crease. The number of “credible fear” reviews byEOIR is much lower overall than it is for USCIS, as one would expect. Nonetheless, EOIRnumbers have seen a notable rise from 114 <strong>in</strong> FY2005 to 887 <strong>in</strong> FY2009. Consistent time seriesdata on “credible fear” claims are not available before FY2005.Aliens Arriv<strong>in</strong>g by SeaOn November 13, 2002, the former INS published a notice clarify<strong>in</strong>g that certa<strong>in</strong> aliens arriv<strong>in</strong>gby sea who are not admitted or paroled <strong>in</strong>to the United States are to be placed <strong>in</strong> expeditedremoval proceed<strong>in</strong>gs <strong>and</strong> deta<strong>in</strong>ed (subject to humanitarian parole). 33 This notice concluded thatillegal mass migration by sea threatened national security because it diverts the U.S. Coast Guard<strong>and</strong> other resources from their homel<strong>and</strong> security duties. 34 The Attorney General exp<strong>and</strong>ed on33 “Parole” is a term <strong>in</strong> immigration law which means that the alien has been granted temporary permission to bepresent <strong>in</strong> the United States. Parole does not constitute formal admission to the United States <strong>and</strong> parolees are requiredto leave when the terms of their parole expire, or, if otherwise eligible, to be admitted <strong>in</strong> a lawful status.34 67 Federal Register 68923-68926, November 13, 2002.Congressional Research Service 11

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