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Author: U. S. Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781973716730 Category : Asylum, Right of Languages : en Pages : 72
Book Description
Tens of thousands of foreign nationals in the United States apply annually for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. EOIR's immigration judges decide asylum application outcomes in court proceedings. In 2008, GAO reported that EOIR data from October 1994 through April 2007 showed significant variation in the outcomes across immigration courts and judges (grants versus denials) of such applications. This report examines (1) variation in asylum applications outcomes over time and across courts and judges; (2) factors associated with variability; and (3) EOIR's actions to facilitate asylum applicants' access to legal resources. GAO recommends that EOIR develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC.
Author: U.s. Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781542531177 Category : Languages : en Pages : 72
Book Description
GAO analyzed the outcomes of 595,795 asylum applications completed by the Department of Justice's Executive Office for Immigration Review (EOIR) between fiscal years 1995 and 2014, and identified outcome variation both over time and across immigration courts and judges. From fiscal years 2008 through 2014, annual grant rates for affirmative asylum applications (those filed with the Department of Homeland Security (DHS) at the initiative of the individual and referred to an EOIR immigration judge) ranged from 21 to 44 percent. In the same period, grant rates for defensive asylum applications (those initiated before an immigration judge) ranged from 15 to 26 percent. Further, EOIR data indicate that asylum grant rates varied by immigration court. For example, from May 2007 through fiscal year 2014, the grant rate was 66 percent (affirmative) and 52 percent (defensive) in the New York, New York, immigration court and less than 5 percent (affirmative and defensive) in the Omaha, Nebraska, and Atlanta, Georgia, immigration courts.
Author: U. S. Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781973716730 Category : Asylum, Right of Languages : en Pages : 72
Book Description
Tens of thousands of foreign nationals in the United States apply annually for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. EOIR's immigration judges decide asylum application outcomes in court proceedings. In 2008, GAO reported that EOIR data from October 1994 through April 2007 showed significant variation in the outcomes across immigration courts and judges (grants versus denials) of such applications. This report examines (1) variation in asylum applications outcomes over time and across courts and judges; (2) factors associated with variability; and (3) EOIR's actions to facilitate asylum applicants' access to legal resources. GAO recommends that EOIR develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC.
Author: Publisher: ISBN: Category : Asylum, Right of Languages : en Pages : 65
Book Description
Tens of thousands of foreign nationals in the United States apply annually for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. EOIR's immigration judges decide asylum application outcomes in court proceedings. In 2008, GAO reported that EOIR data from October 1994 through April 2007 showed significant variation in the outcomes across immigration courts and judges (grants versus denials) of such applications. This report examines (1) variation in asylum applications outcomes over time and across courts and judges; (2) factors associated with variability; and (3) EOIR's actions to facilitate asylum applicants' access to legal resources. GAO recommends that EOIR develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC.
Author: United States Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781981999712 Category : Languages : en Pages : 72
Book Description
ASYLUM: Variation Exists in Outcomes of Applications Across Immigration Courts and Judges
Author: Richard M. Stana Publisher: ISBN: Category : Asylum, Right of Languages : en Pages : 130
Book Description
Each year, tens of thousands of people who have been persecuted or fear persecution in their home countries apply for asylum in the United States. Immigration judges (IJ) from the Department of Justice's (DOJ) Executive Office for Immigration Review (EOIR) decide whether to grant or deny asylum to aliens in removal proceedings. Those denied asylum may appeal their case to EOIR's Board of Immigration Appeals (BIA). GAO was asked to assess the variability of IJ rulings, and the effects of policy changes related to appeals and claims. This report addresses: (1) factors affecting variability in asylum outcomes; (2) EOIR actions to assist applicants and IJs; (3) effects associated with procedural changes at the BIA; and (4) effects of the requirement that asylum seekers apply within 1 year of entering the country. GAO analyzed DOJ asylum data for fiscal years 1995 through mid-2007, visited 5 immigration courts in 3 cities, including those with 3 of the top 4 asylum caseloads; observed asylum hearings; and interviewed key officials. Results of the visits provided additional information but were not projectable. In the 19 immigration courts that handled almost 90 percent of asylum cases from October 1994 through April 2007, nine factors affected variability in asylum outcomes: (1) filed affirmatively (originally with DHS at his/her own initiative) or defensively (with DOJ, if in removal proceedings); (2) applicant's nationality; (3) time period of the asylum decision; (4) representation; (5) applied within 1 year of entry to the United States; (6) claimed dependents on the application; (7) had ever been detained (defensive cases only); (8) gender of the immigration judge and (9) length of experience as an immigration judge. After statistically controlling for these factors, disparities across immigration courts and judges existed. For example, affirmative applicants in San Francisco were still 12 times more likely than those in Atlanta to be granted asylum. Further, in 14 of 19 immigration courts for affirmative cases, and 13 of 19 for defensive cases, applicants were at least 4 times more likely to be granted asylum if their cases were decided by the judge with the highest versus the lowest likelihood of granting asylum in that court. EOIR expanded its programs designed to assist applicants with obtaining representation and has attempted to improve the capabilities of some IJs. EOIR has conducted two grant rate studies and was using information on IJs with unusually high or low grant rates, together with other indicators of IJ performance, to identify IJs who might benefit from additional training and supervision. However, EOIR lacked the expertise to statistically control for factors that could affect asylum outcomes, and this limited the completeness, accuracy, and usefulness of grant rate information. Without such information, to be used in conjunction with other performance indicators, EOIR's ability to identify IJs who may need additional training and supervision was hindered. EOIR assigned some IJ supervisors to field locations to improve oversight of immigration courts, but EOIR has not determined how many supervisors it needs to effectively supervise IJs and has not provided supervisors with guidance on how to carry out their supervisory role. Following streamlining (procedural changes) at the BIA in March 2002, BIA's appeals backlog decreased, as did the number of decisions favoring asylum seekers. Such decisions were more than 50 percent lower in the 4 years after streamlining compared to 4 years prior. The authority to affirm the IJ's' decisions without writing an opinion was used in 44 percent of BIA's asylum decisions. In June 2008, EOIR proposed regulatory changes to the streamlining rules, but it is too soon to tell how they will affect appeals outcomes. Data limitations prevented GAO from determining the (1) effect of the 1-year rule on fraudulent applications and denials and (2) resources adjudicators have spent addressing related issues. EOIR lacked measures of fraud, data on whether the 1-year rule was the basis for asylum denials, and records of time spent addressing such issues. Congress would need to direct EOIR to develop a cost-effective method of collecting data to determine the effect of the rule.
Author: United States Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781976382369 Category : Languages : en Pages : 138
Book Description
U.S. asylum system : significant variation existed in asylum outcomes across immigration courts and judges : report to congressional requesters.
Author: U. S. Government Accountability Office
Author: U.s. Government Accountability Office
Author: U. S. Government Accountability Office
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Author: United States Government Accountability Office
Author: U S Government Accountability Offi Gao
Author: Richard M. Stana
Author: Richard M. Stana
Author: United States. Government Accountability Office
Author: United States Government Accountability Office