The Refugee Influx - Asylum Reform

In The Coming Conflict over Asylum: Does America Need a New Asylum Policy? (Washington, DC: Center for Immigration Studies, March 2002), Don Barnett described the U.S. asylum system in the early 1990s as being overwhelmed by frivolous applications. Most were turned down, but most of the rejected applicants remained in the country, either disappearing completely or filing appeals that proceeded slowly through the system while the individual sought some other way to gain permanent residence status. "It was an open secret around the globe that claiming asylum was a means of immigrating to America," Barnett wrote.

In 1995 and 1996 laws were passed in an effort to reform the system. The new expedited removal process and the detention of asylum seekers for long periods generated considerable controversy and calls for reform. In August 2001 the Refugee Protection Act (S 1311) was introduced in the Senate. It is described as "a bill to amend the Immigration and Nationality Act to reaffirm the [nation's] historic commitment to protecting refugees who are fleeing persecution or torture." Since September 11, 2001, however, protection of refugees has not been a national priority, and as of June 2005 the Refugee Protection Act had failed to advance.

Post 9/11 Asylum Policies

In August 2002 U.S. Attorney General John Ashcroft ordered changes within the Board of Immigration Appeals (BIA). At that time, the BIA had a backlog of 56,000 cases pending processing. While most Immigration and Naturalization Services (INS) functions shifted to the Department of Homeland Security (DHS) on March 1, 2003, the BIA remained under the jurisdiction of the Department of Justice.