Credible Fear and Defensive Asylum Processes: Frequently Asked Questions (CRS Report for Congress)
Premium Purchase PDF for $24.95 (27 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Revised Sept. 25, 2024 |
| Report Number |
R48078 |
| Report Type |
Report |
| Authors |
Holly Straut-Eppsteiner, Coordinator; Andorra Bruno; Audrey Singer; Hillel R. Smith |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium May 29, 2024 (27 pages, $24.95)
add
|
Summary:
Non-U.S. nationals (aliens under federal statute and regulation) subject to removal from the
United States may seek asylum and other forms of humanitarian protection during formal and
expedited removal processes. Asylum may be granted to persons in the United States, regardless
of their immigration status, who are unable or unwilling to return to their country because of
persecution or a well-founded fear of persecution based on race, religion, nationality,
membership in a particular social group, or political opinion.
The Immigration and Nationality Act authorizes the U.S. Department of Homeland Security
(DHS) to charge aliens with immigration violations and process them for formal removal
proceedings in immigration court. During removal proceedings, an alien may apply for asylum,
withholding of removal, and protection from removal under the Convention Against Torture
(CAT) as a defense against removal. Immigration courts are within the Executive Office for
Immigration Review, an agency within the U.S. Department of Justice.
Certain recently arrived aliens, including those apprehended by DHS at or near a U.S. border,
may be subject to expedited removal in which they may be removed by DHS without a hearing.
During expedited removal, individuals who express fear of persecution or torture if returned to
their country of origin or an intent to apply for asylum may undergo a credible fear screening to
determine whether they may qualify for asylum or other forms of protection from removal. Those
who meet the threshold for a credible fear of persecution or torture may be referred for formal removal proceedings.
Although the law specifies which aliens may be subject to expedited removal, DHS generally has discretion over whether to
place those individuals in either expedited or formal removal and may make such decisions based on operational
circumstances on a case-by-case basis. Those persons whom DHS processes directly for formal removal—even if they are
subject to expedited removal under the law—do not undergo a credible fear screening.
This report addresses frequently asked questions about credible fear and asylum, including those related to expedited and
formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data
regarding credible fear and asylum outcomes.
