Obama DHS Publishes Instructions for Asylum Loophole on Internet

Lee Stranahan, Breitbart, August 12, 2013


According to the clear guidelines published on the Internet and updated by the Obama administration in mid-June, there’s an easy way to cross to gain entrance to the United States: simply step right up to a border crossing and tell the officials that you have a “credible fear” of persecution or torture. Use that exact phrasing and you may be able to enter the USA while you await a hearing before an immigration judge . . . a process that could take years.


The Obama Department of Homeland Security led by Janet Napolitano updated the information on their article Questions & Answers: Credible Fear Screening on June 18th, 2013. The article explains that if you claim ‘credible fear of persecution or torture’ that you can seek asylum, and that the process is subject to review.

Individuals Seeking Asylum

If you are in expedited removal proceedings and found to have a credible fear of persecution or torture, you may seek asylum before an Immigration Judge (IJ). (See definition for Credible Fear in the “Glossary” link to the right)

If the asylum officer does not find that you have a credible fear of persecution or torture, you may request that an IJ review that determination. If you do not request review by the IJ or the IJ agrees with the determination, Immigration and Customs Enforcement (ICE) may remove you from the United States.

It defines what a “credible fear” is:

Q.   What Is a Credible Fear of Torture?

A.   A “significant possibility” that you can establish in a hearing before an Immigration Judge that you would be subject to torture if returned to your country (see definition of Torture in the “Glossary” link to the right).

Elsewhere on the DHS site, the government draws a distinction between a “credible” fear and a “reasonable” fear. The credible fear standard appears to be a lower bar, which is likely why it became the key word used by about 200 people a week ago at the Otay crossing near San Diego.

Q. What is a reasonable fear of persecution?

A. You credibly establish that there is a “reasonable possibility” you would be persecuted in the future on account of your race, religion, nationality, membership in a particular social group, or political opinion. The legal standard is the same standard used to establish a well-founded fear of persecution in an asylum case.

You cannot establish a reasonable fear of persecution based only on past persecution without establishing a “reasonable possibility” of future persecution.  After a reasonable fear of persecution or torture is found, the Immigration Judge will decide if you are eligible for withholding of removal or deferral of removal.  Withholding of removal only provides protection against future persecution and may not be granted without a likelihood of future persecution. However, if you establish past persecution, there is a presumption that your fear of future persecution is reasonable.

The webpage spells out the Catch-22 of the asylum claim: if the asylum officer finds you have a “credible fear,” the next step is a hearing by an immigration judge. However, if the asylum officer does not find you have a “credible fear,” you can then request a appeal hearing by an immigration judge. Either way, you will have a hearing in front of a judge.

This is where the fun begins, because you will wait for your hearing in the United States under some sort of bond. Effectively, you are free to roam about the country for years. This “credible fear” tactic was used by Lizbeth MateoLulu Martinez and the others in the Dream 9 group of illegal alien activists to gain reentry into the Unites States last week.


Some in the Dream 9 are claiming that they fear persecution in Mexico because they spent time in the United States as illegal aliens. They are prepared to argue that illegal aliens are a particular social group that is due asylum consideration for having been illegal aliens.

It’s such an outlandish argument that it’s one only a lawyer could love, but it will be years until an immigration judge hears it. In the meantime, Dream 9 activist Lizbeth Matter remains in the United States and begins her first day of law school at Santa Clara University today.

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  • I have a reasonable fear of persecution for holding conservative anti-immigration values,

    Where do I go? How do I get in?

    • Puggg

      You “have a reasonable fear of persecution for holding” those views precisely because HLS documents have peddled that fear.

  • RisingReich

    We have effectively ceased being a Nation, and are now the world’s dumping ground for discards.

    Hope and change, hope and change…

    • IstvanIN

      the entire nation has become what used to be called the city dump.

  • din_do_nuffins

    I have a credible fear that the term “rodeo clown” will soon become outlawed hate speech.

    • And I happen to be here at the State Fair. No, I am not the Obama Clown. I didn’t even see the rodeo on Saturday night when this happened. I can also tell you that this story, this NON-troversy, isn’t that much of a deal inside the fair. It’s only people outside the fair, and people in the media, and black/Democrat politicians in the state, that really care about it.

      I’m here on semi-business as part of my new job. Politicians like to show up to the state fair, so we figured we better be here, too. But while I’m here, I’ve been taking the temperature of politicians and dropping hints about this school transfer thing. I’ll say more when I get home this weekend, but so far, I’m not liking what I’m seeing and being told.

    • RisingReich

      Daily dose of absurdity. Or maybe this should read “Sacred Cow Gored” lol
      Society’s ‘Sacred Cow’ is anything ‘diverse’ – especially blacks.

      It’s become the same as eating hamburgers in India.

      • Ella

        Curious, are you German descent? We were Prussians and sold out. I guess we are used to the right-left struggles that brought us to America.

        • RisingReich

          Yes I’m over 85% German, American born.
          “Engineered in Germany, made in America.”

  • White Mom in WDC

    Why doesn’t Obama just come out and say ‘please invade us’. Our own government is stirring the pot to create a war on our soil. Amnesty will be ‘sat on’ forever in Congress and Obama will simply put forth an executive order to push it through. So what does American citizenship mean anymore? I’ll tell ‘ya nothing. Zero. It’s worthless. So, since according to some politicians the word citizen shouldn’t be used, well then I guess we should all just stop paying our taxes. We are not citizens and we are not represented. So whites need to unify and forge a movement to stop paying taxes. We need to start a stealth society.

    • RisingReich

      “Please invade us” – isn’t that exactly what all these ‘policy’ decisions say, when read in total?

    • Ella

      Even illegals and legal immigrants know our own US govt. sells out the American citizen. I think immigrants fear our retaliation eventually. They also keep their passports for a quick exit and how nice it is to have two citizenships for collecting privileges here and to provide a quick exit to country of origin. How long will we allow ourselves to be used???

      • White Mom in WDC

        People just have to do a complete paradigm shift. Whites just have to develop a stealth society that meets white people’s interests only. People that prattle on about voting this way or that way. There is only The Party. We need to go stealth and ‘get lost’. Go undocumented. The only purpose being ‘legal’ serves is for whites to pay for Juan and Mohammed. Not on my dime turd heads.

      • Greg Thomas

        Yes, I have often asked where are White Americans supposed to run to when these traitors are done giving our country away to the brown third world. Where do we go?

        • Ella

          If we remain apathetic through 3rd world invasion, many Whites will be absorbed in like Brazil, with a White minority elite govt. They’ll bribe the nonwhites through meaningless govt. positions. I think some Americans will return to Europe with their falling birth rates and others will be rejected. Some head to Canada possibly.

  • NeanderthalDNA

    What’s the password?

    Um, how you say…um…credible fear.

    OK, your in.

    What is this, a country or a speakeasy?

    • Evette Coutier

      If it was a speakers at least we’d all be enjoying ourselves over a drink.

  • Romulus

    Give us your tired, hungry and poor starving masses!
    So that the democrats with have a permanent voting bloc to implement their dream of a one western world plutocratic govt, force austerity, disarm the public, miscegenation whites out of their own lands, run Hillary in 2016, and move to natural carrying capacity through natural attrition and healthcare.

    • Ed_NY

      I am afraid you are right. Obama and his cohorts are out to destroy White America.

  • Evette Coutier

    This is rich. He is suppose to be the American role model of behavior. He goes after Americans and American companies for abusing loopholes, and gives advice to criminal illegal foreigners on how to use them and rewards them for doing so. His justice department encourages black on white violence, prosecutes whites who defend themselves, and circumvents existing laws. He sides with terrorists and anti-Americans overseas and at home. This is what happens when blacks assume leadership. They destroyed Detroit. Now they are destroying America.

    • Jesse James

      Treason no?

  • Spartacus

    Well, at least we can hope these idiot measures will collapse society faster, and start a race war.

  • flyingtiger

    If I committed a crime in the old country, I would have a fear of Prosecution. In the Ellis island days we wouldn’t let criminals in.

  • mobilebay

    We, as a country, are not even for sale. We are being given away to anyone who wants to walk, swim, fly or slither across our border. Do it right and you wait years. Sneak in and you are rewarded with anything you want…even citizenship. Crime does pay in this case.