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March 14, 2023
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US judges revoke a quarter of asylum denials to immigrants

US judges revoke a quarter of asylum denials to immigrants

According to the analysis carried out by the independent Transactional Records Access Clearinghouse (TRAC) center at Syracuse University in the state of New York, migrants who do not receive a favorable decision from a US Citizenship and Immigration Services officer (USCIS), have the right to be heard by a judge. In 25 years, immigration court judges have heard more than 100,000 of these cases; If you do not pass the second evaluation in court, you will generally be deported immediately, except in exceptional cases.


A quarter of asylum applications rejected in the first instance by immigration officials in the United States (USA) end up revoked by judges, who give credence to migrants’ expressed fears of persecution or torture if deported to their countries of origin. origin.

This data is the most striking of those that emerge from the new analysis carried out by the independent Transactional Records Access Clearinghouse (TRAC) center of Syracuse University in the state of New York.

When the migrant does not receive a favorable decision from an official of US Citizenship and Immigration Services (USCIS)You have the right to be heard by a judge. According to TRAC figures, immigration court judges have heard more than 100,000 of these cases in the last 25 years. If you do not pass this second evaluation in court, you will generally be deported immediately, except in exceptional cases.

In general, there has been an increasing proportion of asylum officer decisions overturned by judges, just as the number of ‘well-founded fear’ cases raised by asylum seekers has been increasing.

In fiscal year 2010, those “well-founded fear” cases exceeded 1,000 per year; in 2014 they increased to more than 6,000, and were more than 12,000 in 2019, according to the university’s data analysis. This increase largely reflects the growing number of people seeking asylum in this country, particularly along the US-Mexico border, it adds.

*Read also: New York will open two new migrant assistance centers

It also indicates that in the last available 12-month period, USCIS asylum officers denied migrants’ requests for “well-founded fear” 32% of the time, but when they went before a judge that number dropped to 23 percent.

In the time elapsed during the government of Democratic President Joe Biden, from fiscal year 2021 to February 2023, immigration judges have issued nearly 36,000 decisions, of which 10,000 were favorable to immigrants.

Court records during this administration show that Armenians, although in a relatively small number of asylum applications (47), lead the highest rate of approval by an immigration judge at 70%, followed by Cameroon (68%). and Syria (65%).

Latin Americans were the least successful in their applications before the judge, with the Dominican Republic (19%), Costa Rica (16%) and Brazil (16%) in the last places of the decisions. Colombians had the most total cases, with 7,255 cases, but judges ruled in favor of only 28% of cases.

With information from EFE

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