The "credible fear" interview is crucial following the implementation of President Joe Biden's new asylum rule, which limits asylum when irregular crossings at the southern border exceed 2,500 daily apprehensions.

With Border Patrol records reporting more than 3,500 arrests, the rule, activated Tuesday, allows for expedited deportation of those who cross illegally. Only those who demonstrate a "credible fear" of persecution can be referred to an asylum officer.

Interview under a more rigorous standard

Immigration attorney José Guerrero notes that the interview will be conducted to a stricter standard. During detention, immigrants must express credible fear to be considered for a subsequent interview.

The credible fear interview does not guarantee asylum, but instead assesses whether the applicant's life is at risk or if there is a threat of torture. Passing this interview may result in withholding from deportation or protection under the Committee Against Torture (CAT), but does not automatically grant permanent residency.

Concerns and exceptions

Immigrant rights organizations express concern about the reduced time to make asylum decisions, which could be counterproductive. The new rule continues to allow certain programs, such as CBP One and humanitarian parole for immigrants from Cuba, Haiti, Nicaragua and Venezuela.

Migrants who express fear of returning to their country during the interview may be granted withheld deportation status. However, those with criminal records or who have previously been deported will need to demonstrate reasonable fear, a stricter standard.

Interview process and criteria

During the interview, applicants must explain why they fear returning to their country, detailing any persecution or torture suffered. Factors such as religion, race, nationality, political opinion and membership in a particular social group are considered grounds for asylum.

The process involves questioning about the applicant's status in their home country and whether the local government is involved in the persecution. Although the credible fear interview is essential, it does not guarantee permanence in the US.

Conclusion

Biden's new asylum rule has renewed the importance of the "credible fear" interview, making it a crucial step for those seeking asylum. This process will determine if applicants can remain in the US or will be deported.

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