How long does the asylum process take?
The length of the asylum process varies, but it typically takes between 6 months and several years. The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim.
Under the affirmative asylum process, the Immigration and Nationality Act (INA) requires USCIS to schedule the initial interview within 45 days after the application is filed and make a decision within 180 days after the application date.
Under the defensive asylum process, applicants must go through the immigration court system, which faces significant backlogs. As of July 2018, there were over 733,000 pending immigration cases and the average wait time for an immigration hearing was 721 days. The backlog has been worsening over the past decade as the funding for immigration judges has faileed to keep pacewith an increasing case load.
Are asylum seekers released before their immigration court hearings?
It depends. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires all individuals seeking asylum at ports of entry to be detained. They remain in detention even after officials confirm their claims as credible, unless the officials decide the applicants are unlikely to flee and do not pose a safety threat. In addition, they must pay a bail, which they often cannot afford. If released, many asylum seekers are monitored by GPS ankle bracelets. Data show that 96 percent of asylum applicants show up to all their immigration court hearings.
If officials determine the applicants’ claims are not credible the asylum seekers are ordered for “expedited removal” and do not receive an immigration court hearing.
Under prior administrations, immigration authorities regularly released migrants from custody while their cases were pending in the immigration court system. Those migrants were still required to check in with immigration authorities and attend hearings in immigration court. The Trump administration has modified these policies to release as few asylum seekers as possible. A recent federal court decision requiring case-by-case determinations as to whether asylum seekers pose a flight risk or threat to public safety is likely to lead to more releases pending their hearings.
Does the government provide defensive asylum seekers with appointed immigration lawyers?
No. Asylum seekers may hire their own attorney if they can afford to do so, but are not provided an attorney by the government, as criminal defendants are. Some attorneys offer pro bono services to asylum seekers and UACs in immigration proceedings.
Chances of obtaining asylum are statistically five times higher if the applicant has an attorney. In FY 2017, 90 percent of applicants without an attorney were denied, while almost half of those with representation were successful in receiving asylum.
How many people are granted asylum?
Nearly 20,500 individuals in FY 2016. In fiscal year (FY) 2016, the most recent year for which data are available, 20,455 individuals were granted asylum, which is about 28 percent out of the 73,081 cases. Approval rates varied by immigration court from about 10 percent to 80 percent.