[13] 0 - Preamble

The Credible Fear Act protects people who say they cannot safely return to their home country. It makes sure a claim is heard fairly before anyone is removed, and it keeps the people who handle claims accountable.

Purpose

• Give every claimant a fair, documented screening.
• Stop removal of a claimant while a claim is pending.
• Hold officials and civilians accountable for misusing the process.

Civil and criminal sections

Sections under Foundations explain the process. Sections under Civil Violations are civil: they carry no jail time and no criminal record. Outcomes are civil orders, such as a corrective order, a civil penalty set by the court, or loss of the right to bring a claim, and they are decided by the court, not by an arresting officer. Sections under Criminal Charges are criminal offences and are charged, tried and sentenced like any other crime.

Relationship to other codes

Criminal conduct that happens alongside a claim (for example fraud or smuggling) is still charged under the Penal Code or the Federal Code. This title does not replace them.