To adjudicate asylum claims, USCIS asylum officers and EOIR immigration judges determine an applicant’s eligibility for asylum by assessing whether the applicant has credibly established that he or she is a refugee within the meaning of section 101(a)(42)(A) of the Immigration and Nationality Act (INA), as amended. An applicant is eligible for asylum if he or she (1) applies from within the United States; (2) suffered past persecution, or has a well-founded fear of future persecution, based on race, religion, nationality, membership in a particular social group, or political opinion; and (3) is not statutorily barred from applying for or being granted asylum. Among other things, the REAL ID Act of 2005 was a legislative effort to provide consistent standards for adjudicating asylum applications and to limit fraud. Consistent with the REAL ID Act, the burden is on the applicant to establish past persecution or a well-founded fear of persecution, and asylum officers and immigration judges have the discretion to require documentary support for asylum claims. To determine whether an applicant is credible, the act requires that asylum officers and immigration judges consider the totality of the applicant’s circumstances and all relevant factors and states that a determination of the applicant’s credibility may be based on any relevant factor. Such factors could include, among others, the applicant’s demeanor, candor, or responsiveness in the asylum interview or immigration court hearing, or any inaccuracies or falsehoods discovered in the applicant’s written or oral statements, whether or not an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim. However, an asylum officer or immigration judge may determine that an applicant is credible, considering the totality of the circumstances, even if there are inaccuracies, contradictions, or evidence of potential fraud. For example, an applicant may have lied to a U.S. consular officer in order to obtain a visa to travel to the United States when fleeing his or her home country, and still have a credible asylum claim. To apply for affirmative asylum, an applicant submits a Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. An applicant may include his or her spouse and unmarried children under the age of 21 who are physically present in the United States as dependent asylum applicants. The applicant mails paper copies of the application and supporting documentation to a USCIS Service Center, which verifies that the application is complete, creates a hard-copy file, and enters information about the applicant, including biographic information as well as attorney and preparer information submitted with the application, into RAPS. Subsequently, using the applicant’s biographic data, RAPS initiates automated checks against other U.S. government databases containing criminal history information, immigration violation records, and address information, among other things. RAPS also schedules an appointment to fingerprint and photograph the applicant. The Service Center sends the applicant file to one of USCIS’s eight asylum offices based on the applicant’s residential address and the asylum office then schedules the applicant’s interview with an asylum officer. In adjudicating asylum applications, USCIS policy requires asylum officers to review the applicant’s hard-copy file; research country of origin information; verify that an applicant has completed fingerprinting requirements; and document the results of background, identity, and security checks, some of which are repeated in the asylum office to identify any relevant information that may have changed after the initial automated checks. Asylum officers are to use the information obtained through this process to (1) determine who is included in the application; (2) confirm the applicant’s immigration status, asylum filing date, and date, place, and manner of entry into the United States; (3) become familiar with the asylum claim and the applicant’s background and supporting documentation; (4) identify issues that could affect eligibility, such as criminal history, national security concerns, participation in human rights abuses, or adverse credibility or fraud indicators; and (5) identify issues that must be discussed in an interview with the applicant to determine asylum eligibility. During the interview, which is to be conducted in a nonadversarial manner, the asylum officer asks questions to assess the applicant’s eligibility for asylum and determine whether his or her claim is credible. If the asylum officer identifies inaccuracies, inconsistencies, or fraud in the asylum application, the applicant must be given an opportunity to explain such issues during the interview, according to the USCIS Affirmative Asylum Procedures Manual. An independent interpreter monitor listens to each affirmative asylum interview to ensure that the applicant’s interpreter is correctly interpreting and to notify the interviewing officer of any discrepancies in interpretation. After the interview, the asylum officer considers the totality of the circumstances surrounding the applicant’s claim and prepares a written decision. The decision is reviewed by a supervisor, who is to check for quality, accuracy, and legal sufficiency. After a supervisor has concurred with the decision, the decision notice is delivered in hard copy to the applicant. If USCIS grants asylum to the applicant, the asylee is eligible to apply for adjustment to lawful permanent resident (LPR) status after 1 year. If USCIS does not grant asylum and the applicant is present in the United States lawfully through other means, USCIS is to issue a Notice of Intent to Deny stating the reason(s) for asylum ineligibility and provide an opportunity for the applicant to respond. Whether or not asylum is granted, the applicant can continue living in the United States under his or her otherwise valid status. If USCIS does not grant asylum and the applicant is present in the United States unlawfully, USCIS is to refer the application to EOIR, together with a Notice to Appear, which requires that the applicant appear before an EOIR immigration judge for adjudication of the asylum claim in removal proceedings. Figure 1 provides an overview of the USCIS affirmative asylum process. EOIR follows the same procedures for defensive asylum applications and affirmative asylum referrals from USCIS. For affirmative asylum referrals, the immigration judge reviews the case de novo, meaning that the judge evaluates the applicant’s affirmative asylum application anew and is not bound by an asylum officer’s previous determination. EOIR asylum hearings are adversarial proceedings in which asylum applicants appear in removal proceedings for adjudication of the asylum claim, and may apply for other forms of relief or protection as a defense against removal from the United States. First, the judge conducts an initial hearing (referred to as a master calendar hearing) to, among other things, ensure that the applicant understands the court proceedings and schedule a hearing to specifically address the asylum application (referred to as a merits hearing). Second, during the merits hearing, the judge hears testimony from the applicant and any other witnesses, oversees cross- examinations, and reviews evidence. ICE trial attorneys represent DHS in these proceedings. An asylum applicant may self-represent or may be represented by an attorney at no cost to the U.S. government. The judge may question the applicant or other witnesses. Judges render oral and, in some cases, written decisions after the immigration court proceedings end. If the judge determines that the applicant is eligible for asylum, the asylee can remain in the United States indefinitely unless asylum status is subsequently terminated. A grant of asylum from an immigration judge confers the same benefits as a grant of asylum from a USCIS asylum officer. If the judge determines that the applicant is ineligible for asylum, and is removable, the judge may order the applicant to be removed from the United States, unless the applicant seeks (and receives) another form of relief from removal. Judges’ decisions are final unless appealed to the Board of Immigration Appeals (BIA). Figure 2 provides an overview of the DOJ affirmative and defensive asylum process. Asylees, or individuals who have been granted asylum, are considered qualified aliens for the purpose of eligibility for federal, and state or local, public benefits. Subject to certain statutory criteria, asylees may be eligible for a number of federal means-tested public benefits including Supplemental Security Income, Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families, and Medicaid. In addition, asylees may also be eligible for federal student financial aid, among other benefits. Asylees are authorized for employment in the United States as a result of their asylum status and can receive an Employment Authorization Document (EAD) issued by USCIS. In addition, asylum applicants can receive an EAD after their applications have been pending, including in both the USCIS and EOIR adjudicative process, for 180 days, not including any delays requested or caused by the applicant such as requesting to reschedule or failing to appear at the asylum interview or, where applicable, the time between issuance of a request for evidence and receipt of the applicant’s response. Within 2 years of receiving asylum status, asylees can request derivative asylum status for their spouses and unmarried children under age 21, a provision that allows family members to join the asylee in the United States. Immigration benefit fraud involves the willful misrepresentation of material fact for the purpose of obtaining an immigration benefit, such as asylum status, without lawful entitlement. Immigration benefit fraud is often facilitated by document fraud and identity fraud. Document fraud includes forging, counterfeiting, altering, or falsely making any document, or using, possessing, obtaining, accepting, or receiving such falsified documents in order to satisfy any requirement of, or to obtain a benefit under, the INA. Identity fraud refers to the fraudulent use of others’ valid documents. Fraud can occur in the affirmative and defensive asylum processes in a number of ways. For example, an applicant may file fraudulent supporting documents with his or her affirmative asylum application in an attempt to bolster the facts of a claim.