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Pfeiffer zeroed in on a line in the program document that lists other people who would be eligible: “individuals with a pending asylum application.” His argument is that someone who illegally entered the country and claimed asylum could apply while a decision is pending. But the state says that it will not consider any application with a pending defensive asylum hearing. That means that the United States has begun removal proceedings against a migrant and he or she requested asylum as a defense against removal because, for instance, they claim fear of persecution or torture in their home country. Most of those cases are not successful for the migrant, according to data maintained by TRAC, the Transactional Records Access Clearinghouse at Syracuse University.
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