The first major step in the asylum process. Historically this has been carried out by asylum officers who work within CBP and are trained to perform intake at ports of entry where migrants initiate their claims. If the applicant is found to have “credible fear” of returning home, the person is given a date to appear in court and may remain in the country while moving through the court system. Credible fear can be established using five categories recognized by the U.S. government: persecution based on race, religion, nationality, political affiliation, and membership in a particular social group. The definition of “social group” varies from one presidential administration to another but has included members of the LGBTQ community, child soldiers, and women subjected to domestic violence.

The largest law enforcement agency in the U.S. Department of Homeland Security, CBP is the country’s primary border control organization. It houses several distinct agencies including Border Patrol (BP), which monitors activity between ports of entry, and the Office of Field Operations (OFO), which oversees customs officers who monitor activity at ports of entry.