Credible fear interview: The key test to avoid deportation at the border

The current order at the southern border of the United States is “expedited removal.” This is how the Department of Homeland Security (DHS) refers to the departure of irregular immigrants from the national territory in the shortest possible time. It is a result of the executive measures taken by the Biden Administration on June 4 to close the border at a time when daily crossings exceeded 2,500 (a figure that has held steady for three years), thereby restricting the right to asylum that every immigrant had upon arriving at the border. As a consequence, June was the month with the lowest number of arrests since Biden took office. Border Patrol agents detained 84,000 immigrants, a 30% drop from May, when arrests reached 117,000. In current conditions, only immigrants who express a credible fear of persecution or torture if they are returned to their country—and prove it in an interview—will be able to temporarily suspend their deportation and remain in the United States, but they will still not obtain asylum until the restriction is lifted.

Demonstrating credible fear has become a critical issue for thousands of immigrants, but the main drawback many face is the lack of evidence to prove their case. The authorities will make a decision based on national and international laws on asylum and the Convention Against Torture (CAT), and merely arguing that you are afraid of being “persecuted” or “tortured” is not enough. Nor is deportation protection obtained if one was a victim of extortion along the route to the United States, or if someone intends to stay in the U.S. to work and help their family.

The only exception applies to children traveling without their parents, victims of human trafficking and cases with medical emergencies. Immigrants who arrive at the border with an appointment with the CBP One app will also be able to carry on with their asylum application.

What is credible fear of persecution or torture?

The United States Citizenship and Immigration Services (USCIS) states that a credible fear of persecution is a “significant possibility” that the applicant will be persecuted if returned to his or her country “on account of your race, religion, nationality, membership in a particular social group, or political opinion.” This agency defines a credible fear of torture as a “significant possibility” that “it is more likely than not that you would be subject to torture if returned to your country.” This is the first step in moving forward with an asylum request.

The interview to test credible fear

The agent will question the reasons why the immigrant is requesting asylum. Some of the questions will be: who persecuted or tortured them in their country of origin, who harmed them or could do so if they returned. If the aggressor is a government official from the migrant’s country of origin, a police agent or an individual linked to local power, the agent will ask for details of the events in which the migrant was persecuted, tortured or suffered any harm, or the reasons that expose them to the risk of being attacked if they are returned.

If the immigration officer is convinced, he or she will determine that the migrant may be eligible for “withholding of removal” status, which is still not a way to obtain asylum given the current restrictions. The benefit is that the deportation process is placed on hold pending the ruling of an immigration judge who will decide on the situation. The Biden Administration argues that these restrictions will benefit those who have legitimate claims for protection and are hindered by those who do not and clog the system.

What are the grounds for asylum in the United States?

The reasons that justify an asylum request in the United States are persecution due to religion, race, nationality, political opinion, and membership in a social group, but they are not the only ones. The state in which the applicant is found at the time of the request and how they were before leaving their country is also considered. On the other hand, officers will evaluate whether the government was involved in the persecution, torture or harm that led the migrant to request asylum, or whether it was lack of action and protection.

The applicant must explain if he or she would be subject to the same persecution or harm in another part of his or her country’s territory, and if he or she has dual nationality, why he or she cannot move to that other country.

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