Asylum Seekers Catholic Charities USA - Immigration and Refugee Services DISCLAIMER: The information provided in this document is for general informational purposes only and does not constitute legal advice. It is not guaranteed to be complete or up-to-date due to frequent immigration policy changes and court decisions. Do not act or rely on any informa- tion contained in this document. Seek the advice of a qualified attorney before taking any action regarding the subject matter of this document. Who is an asylum seeker? What is the process of seeking asylum? An asylum seeker is a person who has been forced to There are two major pathways of seeking asylum in the flee their country of origin due to past persecution or a U.S. The first pathway is the affirmative process where the fear of future persecution for reasons of race, religion, asylum applicant submits an asylum application directly nationality, political opinion, or membership in a partic- to the United States Citizenship and Immigration Services ular social group. An asylum seeker enters, seeks, and (USCIS) and will have an interview with an asylum officer. applies for sanctuary in another country after fleeing the The second pathway is the defensive process. A person country of persecution. who applies in the defensive process has already been placed in removal proceedings before an immigration What is the difference between an asylum judge and must apply for asylum to avoid removal from seeker and a refugee? the U.S. Both processes are legal ways to seek asylum. The distinction between an asylum seeker and a refugee is dependent on where the individual applies for asylum. 1. In affirmative asylum process, migrants can apply for Refugees are processed overseas and enter the United asylum status regardless of how they entered the U.S. States through the resettlement process. Asylum seekers come to the U.S., and seek asylum in the country or at a Affirmative asylum applications are filed and decided port of Entry. within USCIS. No matter how the asylum seeker entered the U.S. - either at a port of Entry or without inspection Who can legally seek asylum? - the asylum seeker must submit the asylum application within one year of arrival to the U.S. In some instances, Any foreign national present in the U.S. or arriving at a an exception based on extraordinary or changed circum- port of Entry can legally seek asylum. People who seek stances preventing one from applying for asylum within asylum must generally apply for asylum within one year one year could apply. of entry into the U.S. However, there are exceptions to this one year filing deadline based on changed or ex- traordinary circumstances. CATHOLIC CHARITIES USA | ASYLUM 101 SEPT. 2019 If the asylum seeker is not granted asylum, and does not Neither defensive asylum seekers nor affirmative asylum hold lawful immigration status, removal proceedings are seekers are guaranteed an attorney. While they may hire initiated. An asylum seeker has the opportunity to reap- their own immigration lawyers, the government does not ply for asylum through the defensive process through have an obligation to provide them with legal counsel as the immigration court system. in criminal cases. 2. In defensive asylum process, migrants found to be How long is the asylum application process? without valid documentation and put into removal It varies, but the full process usually takes between six proceedings can apply for asylum in order to prevent months and several years. Under the Immigration and deportation. Nationality Act, the affirmative asylum process requires an interview to be held within 45 days of the initial appli- The applications are filed with an immigration judge at cation date and for USCIS to issue a decision within 180 the Executive Office for Immigration Review (EOIR) in the days after the application is filed. In reality, the system’s Department of Justice (DOJ). Defensive applications can backlog means that few applications are decided within be filed by asylum seekers who are found to be living in this timeframe. As of January 2019, there were 325,277 the U.S. and detained by the U.S. Immigration and Cus- asylum cases pending with USCIS. The historic height of toms Enforcement (ICE). the application backlog occurred in March of 2018, with more than 690,000 open deportation cases. On average, The defensive asylum process also applies to individu- asylum seekers who had received asylum status by March als who arrive at a port of entry without valid documents 2018 had waited more than 1,000 days for the decision. or those who have entered without inspection and have been apprehended within 14 days and within 100 miles What happens to asylum seekers while their from the border. These migrants are placed in expedited applications are being processed? removal proceedings. If individuals in expedited remov- al indicate a fear of returning to their home country then Under the 1996 Illegal Immigration Reform and Immi- Customs and Border Protection (CBP) refers the appli- grant Responsibility Act, all asylum seekers who arrive at cant for a credible fear screening interview. An asylum a port of entry must be held in immigrant detention cen- officer with USCIS will conduct the credible fear screen- ters. The asylum seekers are detained until a decision is ing interview and if the individual passes the interview reached on whether the claim of asylum is credible. they will be eligible to apply for asylum before an immi- gration judge. Detained asylum seekers may be removed from deten- tion under two circumstances: 1) If the migrant applies Copyright: radekprocyk CATHOLIC CHARITIES USA | ASYLUM 101 SEPT. 2019 for asylum at a port of entry and immigration officials influx of migrants. Migrant parents and their biological deem that the applicants pose no security risk and do children are therefore either held in ICE family detention not serve as a flight risk, the asylum seeker may be re- centers or released until their court hearing. leased from detention under parole. Parole is granted by ICE, and in many cases asylum seekers wear GPS ankle For unaccompanied minors, the agreement requires bracelets monitored by immigration officials. 2) If a mi- child migrants to be released to parents, adult relatives, grant is apprehended and applies for asylum under the or accredited programs as soon as possible. Within Bor- defensive application process, they may be released on der Patrol facilities, children should be placed in the least a bond granted by ICE or an immigration judge. Howev- restrictive setting appropriate, and have access to safe er, high cost of bail often presents a barrier for asylum and sanitary conditions. The agency has repeatedly been seekers. criticized for failing to meet these standards of care. The retention rate of asylum applicants is high, with 96 How many people apply for asylum? percent of asylum applicants attending all immigration In FY 2018, 106,147 asylum seekers applied through the court hearings. affirmative asylum process, representing a 25 percent decrease from the preceding year and the first decrease Since the 1987 Flores Settlement Agreement, there in application submissions in eight consecutive years. In have been time and condition limitations imposed on addition, 111,887 asylum seekers applied through the the practice of detaining immigrant children. Under the defensive asylum process, representing an 8 percent de- agreement, children cannot be held in detention centers crease from 2017. for longer than 20 days in emergency periods of high How many people are granted asylum per year? Asylum Decisions and Denials Jump in 2018 50,000 100.0% Asylum or Other Relief Granted Denied % Denied 45,000 90.0% 40,000 80.0% 35,000 70.0% d 30,000 60.0% 25,000 50.0% 20,000 40.0% ent Denie rc ylum Decision Pe As 15,000 30.0% 10,000 20.0% 5,000 10.0% 0 0.0% Fiscal Year Source: Transaconal Records Access Clearinghouse © 2018 TRAC CATHOLIC CHARITIES USA | ASYLUM 101 SEPT. 2019 Does having legal representation impact Can asylees and asylum seekers legally work asylum decisions? in the U.S.? Yes. Detained immigrants with access to representation Yes. After gaining asylum status, asylees have the ability were nearly 11 times more likely to seek asylum or other to apply for a Social Security card and are authorization types of relief than those without representation. Among to work in the U.S. Asylum seekers are eligible to apply non-detained immigrants, the rate of seeking asylum for work authorization if their asylee case has been pend- or other types of relief was five times higher than those ing for six months. without representation. Can asylees become citizens? Representation also impacts the approval rate of the applications. For detained immigrants, applicants with Yes. Asylees can apply for legal permanent residence representation were twice as likely to be granted asylum (also referred to as a green card) after one year and can or other types of relief as those without representation. apply for citizenship after five years. Non-detained immigrants were nearly five times as likely to be granted asylum or other types of relief. What is the Migrant Protection Protocols program and how does it impact asylum Do asylum seekers regularly fail to appear seekers? in court? The Migrant Protection Protocols program (MPP), also No. The overwhelming majority of asylum seekers attend referred to as the Remain in Mexico deal, allows the U.S. mandated court hearings. According to Department of government to send asylum seekers across the border Justice statistics, between 2013 and 2017, 92 percent of and remain in Mexico while their asylum case is being asylum seekers appeared in court for their final decision.