The Washington Post reports that a judge threatened to hold Atty General Sessions in contempt over a court review of an asylum appeal by a El Salvadoran woman and her daughter.
How it works
Here is what happens for border crossers without proper documentation. They are subjected to a fast-track deportation process called “expedited removal,” unless they express fear of returning to their home countries. These individuals must be referred to an asylum officer for a “credible fear interview” to assess the likelihood of making a successful asylum claim.
During the interview, if the asylum officer finds that there is not a “significant possibility” that the asylum seeker could establish eligibility for asylum, the asylum-seeker can appeal to an immigration judge for a Credible Fear Review (CFR). The judge’s decision on the matter is final. Currently about 500 CFR cases are decided each month, down from about 700 cases per month in 2015-2016.
The data analyzed by TRAC indicate that the share of positive outcomes nationwide from CFRs had fallen to 14.7% as of June 2018 which is less than half of what it was in June 2017 (32.7%).
Depending upon the particular Immigration Court undertaking the credible fear review, the proportion of asylum seekers passing this screening step varied from as little as 1% all the way up to 60%. Thus, whether or not asylum seekers receive favorable CFR court decisions appears to be largely driven by which Immigration Court and judge heard their cases.
Sessions’ remarks on October 12, 2017
The system is being gamed. The credible fear process was intended to be a lifeline for persons facing serious persecution. But it has become an easy ticket to illegal entry into the United States.
Here are the shocking statistics: in 2009, DHS conducted more than 5,000 credible fear reviews. By 2016, that number had increased to 94,000. The number of these aliens placed in removal proceedings went from fewer than 4,000 in 2009 to more than 73,000 by 2016—nearly a 19-fold increase—overwhelming the system and leaving those with just claims buried.
The increase has been especially pronounced and abused at the border. From 2009 to 2016, the credible fear claims at the border went from approximately 3,000 cases to more than 69,000.