Historically, the deportation of a person not lawfully present in the United States required the approval of an Immigration judge, unless it was based on an apprehension at the border itself.
[1] According to the Congressional Research Service, "Consistent time series data on 'credible fear' claims" was only collected beginning in fiscal year 2005.
[2] The legal framework governing credible fear is described in the Code of Federal Regulations, Title 8 (Aliens and Nationality), 208.30 (8 CFR 208.30).
[10] A report by the Immigration Policy Center cited a number of attorneys as saying their clients were given misinformation by CBP about the credible fear process, with some even told that the US does not grant asylum to people from Mexico.
[5] Human Rights Watch has similarly claimed to find that CBP's initial contact does not follow procedural guidelines, and that it was failing to flag for a credible fear interview many individuals who were seeking asylum.
[11] Credible fear interviews have come under criticism on the following counts: Immigration and Customs Enforcement (ICE), the agency responsible for detaining people, has been criticized for inconsistent and unnecessary detention of asylum applicants after a favorable credible fear determination has been found, and the continued detention of people while they wait for their hearings has been said to contribute to their post-traumatic stress disorder.
[5] USCIS has also been criticized for long average wait times between the credible fear interview and the asylum case hearing.