SEEKING ASYLUM: PART 1
The Credible Fear Process at the
U.S. Border.
By Christopher Kerosky
The
asylum process has received increased attention lately with the Trump Administration’s
decision to separate parents from their children at the border. But now that Donald Trump has reversed his
policy, once again the spotlight has moved away from the many refugees at our
border seeking asylum.
Meanwhile,
this humanitarian tragedy continues. A
large number of those pursuing asylum eventually come to California and the
North Bay specifically. Beginning in the
first days at the border, the Department of Homeland Security starts a lengthy
process to consider any arguments and evidence the asylum applicant might have
to support their claim of asylum.
I
felt it would be useful to describe the process for those in the public who are
interested and to provide some guidance to persons going through it. This segment covers the first step of the
process, known as the “Credible Fear Interview” (CFI).
Credible Fear Process.
A
person detained at the border without proper documents to enter generally does
not have the right to stay in the United
States or file an application for immigration benefits. The only exception is
if that individual has “a well-founded fear of persecution based on race,
religion, nationality, political opinion or social group”. The person also needs to prove that the
persecution was by the government or that the government could not stop it.
If
a person at the border declares they are afraid to return, ICE will ask them
some preliminary questions to determine if they are afraid and then the US
asylum office will conduct a formal interview to determine if they have "credible fear" of returning.
to their country.
The
purpose of the credible fear interview is to determine if there is a
significant possibility that the immigrant could be eligible for asylum. During
the credible fear interview, the officer will ask the asylum applicant many
questions about their fear, who they are afraid of and why.
The
interview is typically conducted by the an asylum officer, often by video. A
lawyer can be participate, typically by telephone.
If
the the asylum officer finds that there is not a sufficient credible fear of
harm based on one of the five statutory grounds, the applicant can ask for the
opportunity to appeal the ruling before an immigration court. However, the asylum seeker will remain in
custody while he or she goes through further appeals of the denial of
asylum. Typically future courts affirm
the denial of credible fear and the person is ultimately deported.
Even
if the applicant is successful and convinces the asylum officer that he or she
has a credible fear of persecution during the CFI interview, they are still
placed in deportation proceedings before an immigration court, where they must convince
a judge that their “credible fear” rises to the level of a “well-founded fear”,
a higher standard of proof. If they fail
to do so, they are also deported.
Part
Two of this series will cover the asylum process before an immigration judge.