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Humanitarian Programs
USCIS administers several humanitarian-based immigration programs, including those for
refugees, asylees, special immigrant juveniles, victims of domestic violence, trafficking, and
other qualifying criminal activities, as well as those seeking Temporary Protected Status and
parole for urgent humanitarian reasons or significant public benefit. Limits exist on the number
of refugees who may be admitted to the United States per year; the annual refugee ceiling is set
by the President in consultation with Congress. In FY 2021, USCIS expanded its capacity to
conduct certain refugee interviews remotely using video-teleconferencing, which enabled USCIS
to mitigate the impact of COVID-19-related restrictions on international travel for much of the
year. In FY 2021, USCIS also deployed officers to 12 international locations to conduct in-person
initial refugee interviews or to provide support for video interviews conducted remotely from the
United States. In FY 2022 USCIS interviewed approximately 40,500 refugee applicants in
person and over 3,600 refugee applicants remotely in 61 countries.
There are two processes for applying for asylum in the United States. Affirmative asylum,
administered by USCIS using Form I-589, Application for Asylum and for Withholding of
Removal, is generally for asylum seekers who are not in removal proceedings; defensive asylum
is generally for individuals who are in removal proceedings and request asylum while in
immigration court through the Executive Office for Immigration Review (EOIR) at the
Department of Justice. In 2022, the Departments published the Asylum Processing Interim
Final Rule, which permits USCIS to adjudicate in the first instance the asylum claims of
individuals in expedited removal proceedings who are found to have a credible fear of
persecution or torture in an Asylum Merits Interview process.
In addition to adjudicating affirmative asylum applications, USCIS also conducts credible fear
and reasonable fear screenings (Forms I-870 and I-899).
2
In FY 2022, USCIS conducted
Migrant Protection Protocols (MPP)
3
and Title 42 non-refoulement interviews
4
and
assessments. Credible fear screenings apply to individuals in expedited removal proceedings
who indicate an intention to apply for asylum, a fear of persecution or torture, or a fear of return
to their home country. Individuals are screened to determine whether there is a significant
possibility that the individual could establish eligibility for asylum or withholding of removal, or
a significant possibility that he or she is eligible for protection under the regulations
implementing the Convention Against Torture. As of May 31, 2022, under the Interim Final
Rule (IFR), “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding
of Removal, and CAT Protection Claims by Asylum Officers,” USCIS may retain the asylum and
withholding of removal application of individuals found to have a credible fear or may place the
2
In addition to these programs, USCIS also adjudicates suspension of deportation or cancellation of
removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA 203) and
threshold screening assessments under the 2022 Additional Protocol to the 2002 U.S. – Canada
Agreement for the Cooperation in the Examination of Refugee Status Claims from Nationals of Third
Countries, 88 Fed. Reg. 18,227 (Mar. 28, 2023).
3
In FY 2022, DHS was under court order to reimplement MPP in good faith. However, during FY 2022
Q4, the U.S. District Court for the Northern District of Texas lifted its injunction requiring DHS to
reimplement MPP in good faith. See Order, Texas v. Biden, No. 21 Civ. 00067 (N.D. Tex. Aug. 8, 2022),
ECF No. 147. Therefore, DHS no longer enrolled individuals in MPP and all individuals in MPP at the
time were disenrolled from MPP.
4
Section 265 of the Public Health Services Act, 42 U.S.C. § 265, authorized the Centers for Disease
Control and Prevention (“CDC”) to bar the entry of individuals into the United States, in order to protect
the public from contagious diseases.