MAJOR IMMIGRATION RIGHTS ORGANIZATION ISSUES REPORT ON CREDIBLE FEAR/EXPEDITED REMOVAL PROCESS

The Catholic Legal Immigration Network, Inc. has issued a report on the ongoing implementation of the new credible fear and expedited removal processes for asylum applicants at US points of entry.

CLINIC reports that the pass rate for credible fear interviews appears to be higher now than six months ago. In fact, in some facilities such as the Elizabeth Detention Center in New Jersey and the Krome Detention Facility in Miami, it is now very rare for a credible fear applicant to be denied. The INS denies that it has changed its policy anyway.

According to the CLINIC report, one explanation for the higher pass raid could be the INS' new policy that before asylum officers can make a negative credible fear determination, they are required to send the case to the national asylum office for their review. The national office is apparently reversing many initial determinations and sending the cases back with instructions to approve.

CLINIC also reports a much higher success rate in having aliens paroled out of detention after they've been determined to have a credible fear. This is a complete reversal from the situation six months ago. CLINIC believes this change is a result of an INS field memo distributed in December of last year that stated "parole is a viable option and should be considered for aliens who meet the credible fear standard, can establish identity and communities ties, and are not subject to any possible bars to asylum involving violence or misconduct."

The report was not entirely glowing, however. CLINIC outlined a number of instances where credible fear applicants' rights were not protected.

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.