Christopher Coen
Melissa Sogard
nancylee1
There is a good, succinct article about asylum in Immigrant Connect Chicago. Asylum-seekers (asylees) are different from refugees only in that they arrive in the U.S. and ask for asylum, as opposed to being outside of the U.S. and applying for refugee status. Both asylees and refugees are people who claim a credible fear of persecution or torture in their home country based on race, religion, membership in a political or social group and political opinion.
…In 2009, Immigration and Customs Enforcement (ICE) revised procedures to allow asylum seekers to be released from detention after passing a credible fear interview if they “establish their identities, pose neither a flight risk nor a danger to the community, have a credible fear of persecution or torture, and have no additional factors that weigh against their release.” According to UNHCR, which has published documents regarding the debate on detention, many of those who were detained among criminals were “not there by virtue of having committed a crime, but due to a breach of administrative procedures.”
“An asylum-seeker is someone who says he or she is a refugee, but whose claim has not yet been definitively evaluated,” according to UNHCR. In the credible fear interview upon arrival, an asylum officer determines whether or not the individual can claim the need for asylum based on their “credible fear of persecution or torture” in their home country, according to U.S. Citizenship and Immigration Services (USCIS).
Between October 2009 and May 2010, a credible fear was established in 3,519 of the 4,504 interviews conducted, according to USCIS. Those who are determined not to have a credible fear may request review of the decision by an immigration judge. If no request for review is submitted or if the judge reaffirms the negative decision, applicants are sent back to their home countries. If the interviewer determines that there is a credible fear, the applicant continues the process in court where they may present a claim for asylum to an immigration judge.
The immigration judge’s decision depends upon a reasonable fear of persecution based on race, religion, membership in a political or social group and political opinion. The burden of proof is on the applicant to justify their fears. The success often depends upon whether or not the asylum seeker is represented by an attorney, according to Hughes. Eighty percent of applicants with attorneys are granted the status they seek while only 20 percent are granted asylum when not represented.
Many of the judges are former lawyers with “the other side,” according to Edget Betru, an immigration attorney at Refugee Resettlement and Immigration Services of Atlanta. Because of their involvement with the Department of Homeland Security and similar agencies, “they’re coming with a certain perspective or bias already,” says Betru.
In certain cases, the judge’s personal knowledge about the issue at hand may play an important part… Read more here
