“Affirmative” versus “defensive” asylum
The "affirmative" process and the "defensive" process describe the two ways an individual may apply for asylum in the US. Affirmative Asylum Under the affirmative process, a noncitizen who is not currently in removal proceedings may apply for asylum through the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. If a USCIS asylum officer denies the asylum application and the applicant does not have valid immigration status, the officer refers that person for deportation. In the course of deportation proceedings, the applicant can again apply for asylum "defensively," while before an immigration judge. Defensive Asylum...