Asylum Seekers and Expedited RemovalMost undocumented migrants stopped by immigration officials at a U.S. port-of-entry (POE) may be subject to expedited removal. This means that, for persons other than genuine asylum seekers, refusal of admission and/or removal from the United States can be effected quickly.However, some of the individuals arriving at an Immigration port of entry without proper documentation are genuine asylum-seekers fleeing persecution in their home country. Because of the circumstances of their flight from their homes and departure from their countries, they may arrive in the U.S. with no documents or with fraudulent documents obtained as the only way out of their country. Any person subject to expedited removal who raises a claim for asylum � or expresses fear of removal � will be given the opportunity to explain his or her fears to an Asylum Officer. Recognizing that some refugees may be hesitant to come forward with a request for protection at the time of arrival, immigration policy and procedures require Inspectors to ask each individual who may be subject to expedited removal the following series of �protection questions� to identify anyone who is afraid of return:
If the individual expresses a fear of return, the individual is detained and given an interview by an Asylum Officer. The role of the Asylum Officer is as an Asylum Pre-Screening Officer (APSO) who interviews the person to determine if he or she has a credible fear of persecution or torture. This is a standard that is broader -- and the burden of proof easier to meet -- than the well-founded fear of persecution standard needed to obtain asylum. Those found to have a �credible fear� are referred to an Immigration Judge to hear and then judge their asylum claims. This places the asylum seeker on the �defensive� path to asylum. Most individuals who are found to have a credible fear of these are almost immediately released to relatives or community groups, or on their own recognizance. However, some are not released, and instead are detained while their asylum claims are pending with the Immigration Judge.
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