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Asylum: Uniform Application of Standards Uncertain--Few Denied Applicants Deported

GGD-87-33BR Published: Jan 09, 1987. Publicly Released: Jan 21, 1987.
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Highlights

In response to a congressional request, GAO reviewed the Department of Justice and the Department of State practices and procedures in judging applications for asylum in the United States, specifically from Central America.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Justice The Attorney General should direct that the Commissioner, INS, in order to better monitor, assess, and manage the asylum process, document for each asylum decision why the facts that form the basis of the asylum request have been determined to be either sufficient or insufficient for asylum.
Closed – Implemented
The Department of Justice sent each INS field office a copy of the GAO report and notified them of the need to follow this recommendation. In addition, INS created an asylum policy and review units whose role, among other matters, is to compile information relevant to asylum decisions and improve the overall consistency and uniformity in asylum eligibility rulings.
Department of Justice The Attorney General should direct that the Commissioner, INS, in order to better monitor, assess, and manage the asylum process, collect, summarize, and review data on the status of denied asylum applicants.
Closed – Not Implemented
The Department of Justice stated that it is unlikely that INS will be able to track the status of denied asylum applicants. Reasons given by INS are the: (1) decentralized nature of the asylum adjudication process; (2) resource requirements for recordkeeping; and (3) ease with which the aliens move within the U.S., as well as depart from the country.
Department of Justice The Attorney General should direct that the Commissioner, INS, in order to better monitor, assess, and manage the asylum process, take action to place denied applicants in deportation proceedings where appropriate.
Closed – Implemented
In response to this recommendation, Justice transmitted the GAO report to its field offices with the instructions that denied asylum applicants should be issued an order to show cause why they should not be deported. In addition, an increase in the number of immigration judges should be able to cope with the asylum work load.

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Topics

Agency missionsDeportationImmigration enforcementImmigrantsRefugeesPolitical asylumImmigration statusImmigrationAppealsJudges