CRS Report on Credible Fear and Defensive Asylum Processes, Frequently Asked Questions

A Congressional Research Service report examined credible fear and defensive asylum processes for non-U.S. nationals seeking removal from the United States. The report detailed how asylum can be granted based on persecution or a well-founded fear of persecution. It also reviewed the expedited removal process and credible fear screenings used during these proceedings.

Asylum and Removal Processes

Non-U.S. nationals may seek asylum during standard or expedited removal processes. Asylum is granted to individuals unable or unwilling to return due to persecution or a well-founded fear of persecution based on specific grounds. The Department of Homeland Security charges aliens with immigration violations and processes them for removal. Aliens in removal proceedings can apply for asylum, withholding of removal, or protection from removal under the Convention Against Torture. Section 235(b) of the INA allows for an expedited removal process if an alien lacks valid documents or used fraud. During expedited removal, individuals expressing fear of persecution may undergo credible fear screenings.

Expedited Removal Process Details

DHS has discretion over whether to use expedited or standard removal for individuals. Those processed directly for standard removal do not undergo credible fear screenings. The Immigration and Nationality Act provides pathways for removal, including standard and expedited removal. Section 235(b) establishes an expedited removal process for certain aliens. An officer can order removal without further hearing if an alien lacks valid entry documents or used fraud to seek admission. This expedited process may apply to persons apprehended by DHS at U.S. ports of entry.

Asylum Process Explained

Individuals facing expedited removal who express fear of persecution or torture if returned are referred for a credible fear interview with a USCIS asylum officer. If these interviews show a possibility of eligibility for asylum, the individual is referred to standard removal proceedings. In these proceedings, individuals may file asylum applications with the immigration court. Asylum is granted to aliens physically present in the United States who cannot or will not return home due to past persecution or a well-founded fear of future persecution based on five protected grounds. Asylum is a discretionary relief. Asylees can become lawful permanent residents after one year of physical presence in the United States.

Alien Relief Options Explained

Some aliens may be barred from applying for or receiving asylum due to reasons like untimely applications or serious criminal convictions. Aliens ineligible for asylum can still seek other forms of relief. These include withholding of removal and protection under the CAT. Applicants for withholding of removal must show a higher likelihood of persecution than for asylum. CAT protection requires showing a greater likelihood of torture by a public official. Withholding of removal and CAT protection are mandatory protections against removal. They do not provide a path to lawful permanent residence status.

The report, Credible Fear and Defensive Asylum Processes: Frequently Asked Questions (R48078), by Andorra Bruno, Holly Straut, Audrey Singer, is dated October 28, 2026. Read it on Congress.gov.