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1 1 (September 7, 2022)

handle is hein.crs/goveiso0001 and id is 1 raw text is: Congressional ______ aResearch Service An Overview of the Statutory Bars to Asylum: Limitations on Applying for Asylum (Part One) September 7, 2022 Under Section 208 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1158, a non-U.S. national (alien as the term is used in the INA) who is physically present in the United States or who arrives in the United States (whether or not at a designated U.S. port of entry) may apply for asylum, regardless of that person's immigration status or whether that person lawfully entered the country. Asylum is a humanitarian form of relief available to aliens who face persecution in their native countries (or last place of residence if stateless). INA @ 208, however, bars some asylum seekers from asylum. These restrictions fall into two categories: (1) limitations on the ability to apply for asylum and (2) limitations on the ability to be granted asylum. This Legal Sidebar, which discusses statutory bars to applying for asylum, is the first in a two-part series discussing the asylum bars. The second Sidebar, focused on statutory limitations on the granting of asylum, is available here. Asylum and Related Protections INA @ 208 provides that the Secretary of Homeland Security or the Attorney General may grant asylum to an alien who is found to be a refugee. A refugee is defined as a person who is unable or unwilling to return to a country of origin (or last place of residence if stateless) because of past persecution or a well- founded fear of future persecution on account of the alien's race, religion, nationality, membership in a particular social group, or political opinion. An alien physically present in the United States may affirmatively apply for asylum with the Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS). However, if an alien is placed in formal removal proceedings, the alien generally may only seek asylum defensively in those proceedings before an immigration judge (IJ) within the Department of Justice's (DOJ's) Executive Office for Immigration Review. Aliens arriving in the United States may be subject to different procedures. If an arriving asylum seeker is detained at the border and placed in expedited removal proceedings, a USCIS asylum officer initially screens the alien's potential eligibility for asylum. If the alien shows a credible fear of persecution, USCIS may adjudicate the asylum application or refer it to an IJ for adjudication in formal removal proceedings. Congressional Research Service https://crsreports.congress.gov LSB10815 CRS Legal Sidebar Prepared for Members and Committees of Congress

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