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

Asylum and “Credible Fear” Issues in U.S. Immigration PolicyPeople’s Republic of China 44PRC asylum cases peaked in FY2002 for both affirmative and defensive claims—10,522 and11,499, respectively (Figure 7). The ebbs and flows of PRC asylum seekers over the 13-yearperiod, however, exhibit different patterns depending on the asylum gateway. Affirmative claimsrose by 268.4%, from 2,377 cases in FY1997 to 8,758 cases in FY2009. The 13-year average foraffirmative claims was 5,607. In contrast, defensive claims increased by only 11.4%, from 8,381cases in FY1997 to 9,336 cases in FY2009. However, the year-to-year fluctuations in defensiveclaims were substantial, going from a low of 4,913 in FY1998 to a high of 11,499 in FY2002.The 13-year average for defensive claims (8,581) was higher than the average for the affirmativeclaims. The “credible fear” claims dropped from a high of 1,711 in FY2005 to 602 in FY2008,and then rose to 962 in FY2009.Figure 7. Asylum Seekers from China12 Thousands Credible Fear Affirmative Defensive10864201997199819992000200120022003200420052006200720082009Fiscal YearSource: CRS presentation of data from the USCIS Directorate of Refugee, Asylum, and InternationalOperations and the Office of Planning, Analysis and Technology in the Executive Office for Immigration Review.Notes: Data represent cases not individuals.44 For background on country conditions, see CRS Report RL34729, Human Rights in China: Trends and PolicyImplications, by Thomas Lum and Hannah Fischer.Congressional Research Service 16