EOIR Statistics Expose Asylum Farce

Also by Juan Mann
regarding the "credible fear" asylum process:

"VDARE.COM Reader Reveals More Refugee Benefit Fraud"
And from

– "Credible
fear and loathing
real life in the airport as
aliens drop from the sky"


credible fear
review process used by arriving aliens
claiming asylum—in order to avoid immediate removal by

Department of Homeland Security
(DHS) immigration
inspectors—has been exposed for the charade that it is
by the DHS` evil twin of the federal immigration
bureaucracy: the Justice Department`s Executive Office
for Immigration Review (EOIR).

The  proof is a

gem buried in the EOIR`s

statistical report
for fiscal year 2003. [PDF]
During the entire year, the EOIR reported that it
received only 43 aliens that the DHS had found not
in the credible fear interview process.
Untold hundreds, if not thousands, were found to be
and thus avoided immediate removal at
ports of entry nationwide. (See credible fear—Table
3, Page C2

So why is this significant?

When the DHS finds asylum applicants "credible"
and waives summary removal, they are released from
custody to continue their journey into the United
States. They have the benefit of full asylum hearings
and the right to hide out by

in the EOIR Immigration Court swamp.  

As a practical matter, they`re home free. The
Department of Justice`s
Office of Inspector General reported that
97 percent
of all asylum-seekers from ANY country who were
released from immigration custody were never apprehended
again by the federal government, and were never
deported. [PDF pages 15-16].

So, while the aliens are supposedly applying for
asylum, they are in reality

abusing a process
that has become nothing more than
a rubber stamp.

I told you these statistics on the asylum racket in

March, 2003
. Author Michelle Malkin recently

before the Senate Judiciary Subcommittee
on Immigration and told them the same thing.

So how did all of this madness get started?

Thousands of aliens arrive at land border ports of
entry, seaports and

in the United States every day. Those who
are caught arriving without proper documents, or
attempting to enter the country by fraud, can be turned
back to their home countries under the expedited removal
provisions of Immigration Act Section 235(b).

Congress created this streamlined removal alternative
to the EOIR Immigration Court bureaucracy as part of the

to the Immigration Act. This provision,
Section 235(b) happens to be my

part of immigration law.

It allows DHS Customs and Border Protection (CBP)
inspectors to do what they are trained to do—apply the
immigration laws of the U.S. to determine who has the
correct documents to come in, and who doesn`t. Those who
don`t have a right to come in are turned around and sent

And it`s all done without EOIR bureaucrats in robes,
federal judges and Treason Lobby attorneys. What a

Illegal aliens and their Treason Lobby lawyers fear
Immigration Act Section 235(b).

They want to avoid being summarily turned around by
the DHS. Their goal is to get away from the expedited
removal track and into the litigation

safe haven
of the EOIR Immigration Court.

So how do these aliens get in if they`re caught
red-handed with false documents at a port of entry or in
an airport?

Answer: They claim asylum!

And they`re in luck. In 1996, Congress also included a
streamlined asylum review process called a

"credible fear"
as a companion to the summary
removal of Section 235(b).

For aliens claiming that they are afraid to return to
their home countries, the DHS will assign an asylum
officer from Eduardo Aguirre`s Bureau of Citizenship and
Immigration Services (USCIS) to interview the alien. The
asylum officer will make a judgment as to whether the
alien has a "credible fear" of returning home based on
one of the accepted grounds for asylum.

So the EOIR statistical report reveals that during
fiscal year 2003—out of all the credible fear interviews
conducted by all the DHS asylum officers, at all the
land border ports of entry and at all airports
nationwide—the DHS found that only 43 aliens who took
advantage of the process did not have a credible
fear of persecution. Amazing!

The 43 credible fear claims rejected by the DHS in
2003 represents an all-time low since the EOIR started
recording these statistics in 1999. (Table 3, Page C2)

These unlucky 43 were also referred to the EOIR for
the limited purpose of reviewing whether the DHS`
rejection of the credible fear claim was proper. (See

credible fear
—Table 3, Page C2; and for further
explanation, see Page C1, and Glossary Page 7) The EOIR
completed all of these 43 credible fear denial cases.
(Table 4, Page C3)

Unless these 43 suddenly changed their stories—or
figured out how to tell them more convincingly to the
immigration judges—I presume that the EOIR supported the
DHS` decision to remove the aliens through an order
under Section 235(b).

I presume. Because, remember, these 43 aliens were
the ones that even

Eduardo Aguirre`s
troops found not credible.

But if the DHS disbelieved the claims of only 43
aliens, how many arriving aliens did it approve for
"credible fear"?

Answer: mysteriously, this interesting number is not
in the EOIR`s

statistical yearbook
. And the DHS isn`t talking.

So we`re going to have to figure it out ourselves.

The Credible Fear aliens approved by the DHS and
taken out of the Section 235(b) summary removal process
were thrown into EOIR`s general receiving bin for
Immigration Court cases.

The EOIR reported that it received 65,153 asylum
cases in 2003 (Figure 14, Page I-2). (Asylum is also
granted by DHS Asylum service centers.) Of these, the
EOIR reported that it received 18,642 "defensive"
asylum applications—that is, from aliens filing for
asylum for the first time during the Immigration Court
process. That figure includes both aliens who file for
asylum when they are already in the United States, both
legally and illegally—and aliens caught at the time of
their arrival,

So the number of Credible Fear cases approved by DHS
at ports of entry must be somewhere up to 18,642 aliens.
(Figure 13, Page I-1)

I previously reported [April
12, 2004
] that according to DHS sources, 93 percent
of all aliens who ask for asylum through the credible
fear review process are found to have a credible fear of

But with up to 18,642 aliens approved and 43 denied,
the real pass rate could be as high as 99.8 percent!

This bureaucratic joke isn`t funny.

It`s time for the DHS to put some credibility back
into the Credible Fear screening process . . . and close
this gigantic

for fraudulent asylum-seekers.

Juan Mann [send him
] is a lawyer and the proprietor of