The U.S. Commission on International Religious Freedom issued a report card today evaluating the failure of the Department of Homeland Security (DHS) to respond to the Commission's February 2005 report on how "expedited removal" threatens the rights and safety of asylum seekers. Here are the facts about the expedited removal process.

What happens to asylum seekers in expedited removal proceedings?

• Individuals who enter the U.S. without documentation and tell border agents that they fear persecution if forced to return to their home countries are entitled to an interview to determine whether they can pursue an asylum claim.

• Asylum seekers who pass this interview are placed in the custody of U.S. Immigration and Customs Enforcement, and are often detained for months until their claim is adjudicated.

• DHS has authority to release asylum seekers from detention, but often declines to do so.

What were the Commission's findings in 2005?

• The expedited removal policy may send genuine asylum seekers back to their country of origin to face danger, persecution, or torture.

• Asylum seekers are frequently pressured by immigration officers to withdraw their claims.

• Those who persist often face detention in harsh conditions alongside criminal detainees.

• Winning asylum requires a valid claim, but also luck. Grant rates vary widely by reviewing officer and based on whether the asylum seeker has a lawyer, a high bar for one in custody.

Two Years Later, No Response from DHS

Most of the Commission's recommendations have not been implemented, despite a request from Congress on DHS's progress.

How Do These Policies Affect Asylum Seekers in the Midwest?

The National Immigrant Justice Center represents several asylum seekers in the Chicago area who have been detained in county jails under these expedited removal policies. To speak with clients and their attorneys, please contact Tara Tidwell Cullen.