Recent Changes in Asylum Law
Expedited Removal: Individuals seeking to apply for
asylum upon arriving at a U.S. airport or other port of entry are subject
to a recently-created expedited removal system. If
an asylum seeker arrives with false or no documents, he must establish
a fear of persecution in an on-the-spot interview before an immigration
officer, or face immediate deportation. Of the persons identified for
expedited removal, only about 1% get beyond the on-the-spot interview
and see an asylum officer. Of those, about 88% convince asylum officers
that they have a credible fear of persecution and are given the chance
to make their case to an Immigration Judge. An immigration judge may
review a negative decision within seven days. This expedited removal
system is responsible for the removal of approximately one half of all
persons removed from the U.S.
Automatic Detention: This new policy was introduced
by a new Department of Homeland Security in March 2003. Asylum seekers
fleeing from the following countries may be subject to detention at
the US border and may not be eligible for parole: Iraq, Iran, Sudan,
Somalia, Eritrea, Afghanistan, Algeria, Egypt, Uzbekistan, Morocco,
Malaysia, Pakistan, Bangladesh, Bahrain, Djibouti, Kazakhstan, Kuwait,
Lebanon, Libya, Oman, Qatar, Syria, Tunisia, Thailand, Yemen as well
as Gaza and the West Bank. Only asylees arriving at the border will
be detained; affirmative applicants will likely not be detained.
How many refugees does the U.S. accept?
The United States accepts a limited number of refugees each year. This
number is determined by the President in consultation with Congress.
In fiscal year 2002, for example, 70,000 refugees were permitted to
come to the U.S. The total number of refugees admitted is divided among
different regions of the world. In fiscal year 2002, the regions and
the numbers, of admissions are:
- Africa - 22,000
- Eastern Europe - 9,000
- Former Soviet Union - 17,000
- East Asia - 4,000
- Near East/South Asia - 15,000
- Latin America and the Caribbean - 3,000
There are no limits on the number of asylees, people applying within
the US.
