Asylum Network

About the Network

	Introduction		How Does it Work?
	Volunteering to Conduct Evaluations		What Qualifications Do I Need?
	Other Ways to Participate in the Network		The Asylum Process

Volunteering to Conduct Evaluations

The Asylum Process

There are three ways for an asylum seeker to enter the legal system: they can be placed in expedited removal proceedings; they can be arrested by the Department of Homeland Security; or they can apply affirmatively for asylum.  An explanation of each follows:

Expedited Removal

People in this category were stopped at the border for some reason (e.g. an invalid visa, a lack of proper documentation).  In order to enter the asylum process, first the person needs to inform the immigration official at the airport that they are seeking asylum and/or fleeing persecution.  Then, the asylum seeker undergoes a secondary inspection by a low-level DHS official who can order the person deported with only a supervisor's approval.  The secondary inspector is required to refer anyone who claims either an intent to apply for asylum or a fear of persecution to the next stage of the process, which is the credible fear interview and usually occurs at the detention center a few days later.  If a person in this situation does not state or indicate a fear of persecution in their native country to the immigration official at the border, the DHS can send him back to his home country with no review except a supervisor's signature.  There is no oversight or accountability, and these DHS employees receive very little training and supervision.  The public has no access to this information, either. 

Asylum seekers who are not turned away at the border then undergo a "credible fear" interview by an asylum officer.  Asylum evaluations are not used during this interview.  If the case is found to be credible, as occurs in 90-93% of the cases according to Harvard University Law Professor Deborah Anker, it goes before an administrative immigration judge.  During this process, many asylum seekers are detained in detention centers or county jails (detention is mandatory at least until a positive credible fear finding is made either by the asylum officer or immigration judge). 

Arrested by the Department of Homeland Security

Once the person has been arrested for anything from a minor crime to working illegally, s/he is placed in removal proceedings and given a hearing before an immigration judge.  In the Master Calendar hearing, which is similar to an arraignment, the judge hears what the case is about and how long the lawyers estimate the case will take.  Then, an individual hearing is scheduled.  Prior to September 11, 2001, the hearings were usually set 2 to 3 months out.  Now, they are scheduled for 3 to 4 weeks from the Master Calendar hearing. 

Affirmative Application

Affirmative asylum clients come to the United States legally and have up to one year to voluntarily apply for asylum.  (If not done within a year of entering the United States the person could be barred unless an exception is made.)  This is referred to as the "One Year Filing Deadline".  The applicant's case is initially reviewed in a different procedure; the clients have an informal hearing before an asylum officer in non-adversarial proceedings.  Relatively speaking, this type of hearing is much less traumatic than court or administrative hearings.  It can be scheduled quite soon after the filing date, so sometimes lawyers need to file for continuances in order to properly prepare for a case, since many file quickly to make the one-year deadline.  The asylum officers answer to their own supervisors and do not have an enforcement agenda.  They are trained for 4 weeks, and are located in 9 regional areas.

If asylum is not granted by the asylum officer, the case is transferred to an immigration judge.

By entering this voluntary process, people put themselves at risk –if the case is not granted, they automatically go before a judge and begin a process that can lead to removal, if appeals fail.