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However, only if the asylum officer believes that the
person being interviewed does have a credible fear of perse-
cution will that person be permitted to present a claim for
asylum. He or she will probably be in detention until
asylum is granted.
Those procedures are also being used to bar ordinary
business travelers and tourists with valid visas from enter-
ing the country. For example, if an immigration officer
suspects that someone intends to enter the United States for
reasons other than what he or she had explained to the U.S.
Embassy abroad when applying for the visa, the officer can
order the person removed. The officer need not prove to any
judge or other tribunal that suspicions are well founded;
the decision is the officer's, subject to a cursory paper
review by the supervisor. Finally, the person who is re-
moved, even an executive business traveler who is on a
legitimate buying trip and has a valid multiuse visa, will
be returned to his or her home country and barred from
reentering the United States for five years.31
Problems with the New Law
At first glance, the amendments to the Immigration and
Nationality Act may seem reasonable. Filing deadlines, for
example, apply to many areas of the law, so why not to
asylum applications? Furthermore, why should the United
States not closely scrutinize people arriving at her door
with no documents or with false documents? When the United
States finds people here without permission, why not quickly
ask them what they want and, if they cannot explain them-
selves, turn them away as the legislation demands?
The answer is threefold. First, the one-year filing
deadline and expedited removal procedures will impede the
progress made by the INS regulatory reforms. Indeed, the
expedited removal provisions have already proved wasteful.
In some regions of the United States, asylum officers, who
customarily complete three affirmative asylum interviews and
the accompanying paperwork in one day, can complete only one
interview a day when they must travel to distant detention
centers to conduct credible fear interviews.32 Similarly,
once the deadline becomes effective, the INS will have to
divert resources from adjudicating the merits of asylum
claims to adjudicating the timeliness of filing. That is
why Doris Meissner, commissioner of the INS, vehemently
opposed the imposition of a deadline, saying that it would