Document Type
Article
Publication Date
2024
First Page
103
Journal Title Abbreviation
Colum. Hum. Rts. L. Rev.
Abstract
In 2023, the Biden Administration announced its plan to enhance the use of summary removals, which are administered and completed by low-level immigration officers without further process unless there is an articulated fear of return by the noncitizen. This fear articulation triggers a fear interview with an asylum officer who determines whether the noncitizen has a credible or reasonable fear of return—a process that the Biden Administration further shortened while effectively imposing a higher fear standard through a recent finalized rule. A negative fear determination results in immediate removal unless the noncitizen requests review by an immigration judge. In 2019, only 15,476 migrants subject to the fear screening process requested review of their negative fear determinations. In most of these reviews, 74.3 percent, the immigration judge affirmed the asylum officer’s negative fear determination, resulting in the humanitarian relief seeker’s deportation as the decision in these reviews is not subject to appeal or further review
Recommended Citation
Jocelyn B. Cazares Willingham, Process [Ill]defined: Immigration Judge Reviews of Negative Fear Determinations, 55 Colum. Hum. Rts. L. Rev.104 (2024).