OHSS's report makes one thing clear that Senate negotiators working on border reforms should keep in mind: Fixing "Credible fear" - the screening process for asylum claims by aliens subject to expedited removal - won't fix the border because, by and large, Biden's CBP refuses to use expedited removal.
The express purpose of that amendment was to speed the deportation of aliens seeking to enter illegally and to curb abuse of our generous asylum system by aliens simply coming to work.
The expedited removal process in section 235(b)(1) of the INA allows CBP to quickly deport illegal aliens encountered at the borders and the ports without first obtaining a removal order from an immigration judge following removal proceedings conducted under section 240 of the INA, which is required for most other removable aliens.
The "Credible fear" standard is low, defined by statute as "a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208" of the INA. At the end of that informal interview, the AO issues a determination as to whether the alien's claim of fearing return to his country is credible.
Generally, if the AO issues a "Positive credible fear determination", the alien is referred to an IJ to apply for asylum in removal proceedings, but when an AO makes a "Negative credible fear determination", the alien can either ask for an IJ to review that decision or be removed.
It's commonly believed that this wide gap between the percentage of aliens found to have credible fear and the percentage of such aliens later granted asylum was due to the low credible fear standard, and there is a lot of truth to that conclusion.
According to CBP, it issued Notices to Appear to 66,422 other aliens agents caught and sent to ICE for detention, but neither ICE nor OHSS will say how many of those aliens were subsequently released.
https://cis.org/Arthur/DHS-Data-Dump-Shows-Why-Fixing-Credible-Fear-Wont-Fix-Border
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