If USCIS denies the application, it then generally refers it to the immigration court, which is under the Executive Office for Immigration Review and is then considered an affirmative application. Citizenship and Immigration Services (USCIS) when there is no pending deportation case against that asylum-seeker. In past years, there were more “affirmative” asylum applications, which are first submitted to U.S. An individual may then claim they are entitled to asylum as a defense against removal. Today, most asylum applications are considered “defensive,” and filed in response to the Department of Homeland Security initiating removal proceedings in immigration court. The new TRAC study also found a change in the way immigration cases have been handled in the past two decades. New MPP data shows 4,000 asylum-seekers allowed into U.S.
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