The U.S. Asylum System: Trends in Claims, Fraud Risks and Prevention Controls ( Immigration in the 21st Century: Political, Social and Economic Issues )

Publication series :Immigration in the 21st Century: Political, Social and Economic Issues

Author: Eugene James Martin  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2016

E-ISBN: 9781634854924

P-ISBN(Hardback):  9781634854917

Subject: D90 theory of law (jurisprudence);D91 Legal departments

Keyword: 法律

Language: ENG

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The U.S. Asylum System: Trends in Claims, Fraud Risks and Prevention Controls

Chapter

BACKGROUND

Asylum Eligibility Requirements

Overview of the Affirmative and Defensive Asylum Application Processes

Eligibility for Federal Benefits

Fraud and Asylum

GAO’s Fraud Framework

THE NUMBER OF ASYLUM APPLICATIONS FILED PER FISCAL YEAR HAS INCREASED EVERY YEAR FROM 2010 TO 2014

The Number of Asylum Applications Filed in Fiscal Year 2014 Is More Than Double the Total Filed in Fiscal Year 2010

Asylum Applicant Characteristics Vary By Country of Nationality and Location

Country of Nationality

Location Filed

USCIS Has a Backlog of More than 100,000 Principal Affirmative Asylum Applications, Most of Which Have Exceeded Required Time Frames for Adjudication

DHS AND DOJ HAVE LIMITED CAPABILITIES TO DETECT AND PREVENT ASYLUM FRAUD

DHS and DOJ Have Established Dedicated Antifraud Entities

USCIS Has Not Assessed Fraud Risks across Affirmative Asylum Claims

EOIR Has Not Assessed Fraud Risks across Asylum Applications in the Immigration Courts

USCIS Does Not Have Complete or Readily Available Data on FDNS’s Efforts to Combat Asylum Fraud

USCIS Has Limited Capability to Detect Fraud in Affirmative Asylum Applications

USCIS’s Capability to Identify Patterns of Fraud across Asylum Applications is Limited

FDNS Prescreens Asylum Applications in Some, but Not All, Asylum Offices

FDNS Has Not Established Clear Responsibilities for Fraud Detection in Asylum Offices

USCIS Provides Limited Fraud Training for Asylum Officers and Does Not Have a Mechanism for Conducting Ongoing Training Needs Assessments

USCIS Provides Limited Fraud Training for Asylum Officers

USCIS Does Not Have a Mechanism for Regularly Assessing Asylum Officer Training Needs

USCIS Does Not Have Readily Available Data on Asylum Officer Attrition

USCIS Could Enhance Its Quality Assurance Processes by Examining for Indicators of Fraud

DHS AND DOJ HAVE IMPLEMENTED MECHANISMS TO ADDRESS IDENTIFIED FRAUD, BUT USE OF THESE MECHANISMS HAS BEEN LIMITED

DHS and DOJ Rarely Pursue Criminal Penalties or Discipline Attorneys for Fraud

Criminal Penalties

Attorney Discipline and Disbarment

Circuit Court Rulings and Agency Priorities Play a Role in Recent Decreases in Asylum Terminations due to Fraud

USCIS Has Not Tracked Asylum Cases Pending Termination due to Fraud and Has Limited Goals for Terminations

CONCLUSION

RECOMMENDATIONS FOR EXECUTIVE ACTION

AGENCY COMMENTS AND OUR EVALUATION

APPENDIX I: OBJECTIVES, SCOPE, AND METHODOLOGY

APPENDIX II: FRAUD RISK ASSESSMENT PROCESS

End Notes

Chapter 2: TESTIMONY OF LEON RODRIGUEZ, DIRECTOR, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. HEARING ON “THE SYRIAN REFUGEE CRISIS AND ITS IMPACT ON THE SECURITY OF THE U.S. REFUGEE ADMISSIONS PROGRAM”

REFUGEE RESETTLEMENT CASE PROCESSING

SECURITY CHECKS

THE REFUGEE ADMISSIONS PIPELINE

Chapter 3: STATEMENT OF MARK KRIKORIAN, EXECUTIVE DIRECTOR, CENTER FOR IMMIGRATION STUDIES. HEARING ON “THE SYRIAN REFUGEE CRISIS AND ITS IMPACT ON THE SECURITY OF THE U.S. REFUGEE ADMISSIONS PROGRAM”

1. SECURITY

A) Screening Cannot Be Done Adequately

B) The Sea Within Which Terrorist Fish Swim

2. EFFICACY

A) More Can Be Helped Abroad

B) Success of Refugee Protection Means People Go Home When Conflict Ends

3. CONCLUSION

1) The Only Way to Reduce the Security Risk of Resettling Syrian Refugees (or Those from Somalia and Other Failed States) Is to Reduce the Number We Resettle

End Notes

INDEX

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