New Procedure for Asylum Seekers in DHS Custody

The U.S. Immigration and Customs Enforcement (USICE) announced that beginning January 4, 2010, it will release from DHS custody, arriving foreign nationals who seeking asylum who can show that they have a credible fear of persecution or torture.

The new policy will allow these asylum seekers to be released from DHS custody and be paroled into the U.S.

Parole is a temporary authorization that allows foreign nationals to enter the U.S. without being admitted or granted immigration status.  Foreign nationals must be able to establish his or her identity, not pose a flight risk or a danger to the community, have a credible fear of persecution or torture and, have no additional factors that would factor against his or her release from DHS custody.

Additionally, the new policy dictates that all arriving aliens should automatically be considered for parole.  This is a significant policy change because such request for parole had to be done in writing.

U.S. immigration laws require that foreign nationals who arrive at a U.S. port of entry (i.e. airport, seaport, or land border crossing) without valid entry documents, are to be administratively removed (deported) from the U.S. without a hearing.  However, arriving aliens can pursue protection in the United States if an immigration officer at the port of entry determines that the foreign national has a credible fear of persecution or torture in their home country. 

After the credible fear is determines, the current policy is to place the foreign national in DHS custody.  However, beginning January 4, 2010, that significant policy change will be in effect.