I know. You are one of the laziest posters around. I will do the "homework". I love homework.
1). It is the LAW of the LAND, in the USA....that once a person sets foot in US land and asks for asylum, that they be allowed to stay LEGALLY until their case is heard. Not one politician is introducing any bill to stop allowing asylum seekers into the country. Many Jews came to America as asylum seekers. ALL have to go through a process.
Thousands are deported on a yearly basis. You are simply not aware of it, or do not care to find out.
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Each year, thousands of people arriving at our border or already in the United States apply for asylum, a form of protection from persecution. Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. Those granted asylum can apply to live in the United States permanently and gain a path to citizenship and can also apply for their spouse and children to join them in the United States. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.
What Is Asylum?
Asylum is a protection grantable to foreign nationals already in the United States or arriving at the border who meet the international law definition of a “refugee.” The
United Nations 1951 Convention and
1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980. Asylum is technically a “discretionary” status, meaning that some individuals can be denied asylum even if they meet the definition of a refugee. For those individuals, a backstop form of protection known as “withholding of removal” may be available to protect them from harm if necessary.
As a signatory to the 1967 Protocol, and through U.S. immigration law, the United States has legal obligations to provide protection to those who qualify as refugees. The Refugee Act established two paths to obtain refugee status—either from abroad as a resettled refugee or in the United States as an asylum seeker.
How Does Asylum Help People Fleeing Persecution?
An asylee—or a person granted asylum—is protected from being returned to his or her home country, is authorized to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States. Asylees may also be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance.
After one year, an asylee may apply for lawful permanent resident status (i.e., a green card). Once the individual becomes a permanent resident, he or she must wait four years to apply for citizenship.
What Is the Asylum Application Process?
There are three primary ways in which a person may apply for asylum in the United States: the
affirmative process, the
defensive process, and the
expedited process.
- Affirmative Asylum: A person who is not in removal proceedings (or a person who has been designated as an “unaccompanied child,” even if in removal proceedings) may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings, where he or she may renew the request for asylum through the defensive process and appear before an immigration judge.
- Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. In other words, asylum is applied for as a defense against removal from the U.S. Unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, even if they are unable to retain an attorney on their own.
- Expedited Asylum: A person taken into custody within 14 days of entering the United States who is placed into “expedited removal” proceedings may be put through a new process begun in 2022 which allows a USCIS asylum officer to review and adjudicate their asylum claim before they are placed into formal removal proceedings. Individuals put through this process who are denied asylum are referred to the immigration court for removal proceedings and further expedited hearings on their asylum application.
Asylum seekers who arrive at a U.S. port of entry or enter the United States without inspection generally must apply through the defensive or expedited asylum processes. All three application processes require the asylum seeker to be physically present in the United States or at a port of entry.
With or without counsel, an asylum seeker has the burden of proving that he or she meets the definition of a refugee. In order to be granted asylum, an individual is required to provide evidence demonstrating either that they have suffered persecution on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country. An individual’s own testimony is usually critical to his or her asylum determination.
Certain factors bar individuals from asylum. For example, with limited exceptions, individuals who fail to apply for asylum within one year of entering the United States will be barred from receiving asylum. Similarly, applicants who are found to pose a danger to the United States, who have committed a “particularly serious crime,” or who persecuted others themselves, are barred from asylum.
Is There a Deadline for Asylum Applications?
An individual generally must apply for asylum within one year of their most recent arrival in the United States. In 2018, a federal district court found that DHS is obligated to notify asylum seekers of this deadline in a
class-action lawsuit that challenged the government's failure to provide asylum seekers adequate notice of the one-year deadline and a uniform procedure for filing timely applications.
Asylum seekers in the affirmative and defensive processes face many obstacles to meeting the one-year deadline. Some
individuals face traumatic repercussions from their time in detention or journeying to the United States and may never know that a deadline exists. Even those who are aware of the deadline encounter systemic barriers, such as lengthy backlogs, that can make it impossible to file their application in a timely manner. In many cases,
missing the one-year deadline is the sole reason the government denies an asylum application. Under the expedited asylum process, a person who passes a credible fear interview is considered to have applied for asylum, which means that the one-year filing deadline is automatically satisfied.
What Happens to Asylum Seekers Arriving at the U.S. Border?
From 2004 through March 2020, DHS subjected most noncitizens who were encountered by, or presented themselves to, a U.S. official at a port of entry or near the border to
expedited removal, an accelerated process which authorizes DHS to perform rapid removal of certain individuals.
To help ensure that the United States does not violate international and domestic laws by returning individuals to countries where their life or liberty may be at risk, the
credible fear and
reasonable fear screening processes are available to asylum seekers in expedited removal processes. Importantly, while the process described below is how asylum seekers should be processed under law, at times CBP officers do not properly follow this process.
Additionally, under the Trump administration, asylum seekers were subjected to various new asylum policies in 2019 and 2020 which are described in greater detail below. Since March 2020, some asylum seekers also have been expelled under Title 42, a pandemic-related health policy in which individuals are not permitted to seek asylum.
In some circumstances, if DHS does not have the capacity to hold a person in detention for a credible fear interview, they are instead released directly at the border. Individuals who are released this way are generally provided a notice to appear in court, where they will have to go through the defensive asylum process, including a requirement to file an asylum application.
Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.
www.americanimmigrationcouncil.org
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2). Make Marjory Taylor Green and all others in Congress PAY the money they were forgiven and which was much more than the 10 to 20 thousand the poorer Americans are being forgiven for in order to help them.
Why should these people have their very big loans forgiven when they are doing very well?
