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Under the current system, CBP can initiate removal proceedings against migrants who have been apprehended and found to have crossed the border without authorization. The migrants are then transferred to U.S. Immigration and Customs Enforcement custody and interviewed by a USCIS asylum officer.
If found to have "credible fear," the migrants can proceed with arguing their asylum claims in immigration court, where wait times for a hearing have climbed to nearly two years on average, according to data through January from the Transactional Records Access Clearinghouse at Syracuse University. If they are not found to have credible fear, then they will be deported, unless they appeal within 10 days.
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