Immigration Policy Tracking Project

December 2020
1. December 28, 2020
  EOIR releases factsheet on "Myths vs. Facts About Immigration Proceedings"
  
  Hearings and AdjudicationsAsylum, Withholding and CAT EOIR Final/Actual Data and Reports
  
  Current Status
  Fully in Effect
2. December 23, 2020
  EOIR and USCIS issue communicable-disease security bars to asylum and withholding eligibility
  
  Asylum, Withholding and CAT USCISCBPDHSEOIR Final/Actual Rule
  
  Current Status
  Not in effect
  January 20, 2021
  Acted on by Biden Administration
3. December 16, 2020
  EOIR imposes tougher procedures for asylum and withholding of removal
  
  Asylum, Withholding and CATHearings and Adjudications EOIR Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  
  Acted on by Biden Administration
4. December 15, 2020
  USCIS expands interview requirements for refugee/asylee adjustment of status
  
  Asylum, Withholding and CATRefugeesImmigrant Visas USCIS Final/Actual Agency DirectiveChange in Practice
  
  Current Status
  Partially in effect
5. December 11, 2020
  EOIR and DHS issue final rule significantly restricting asylum, withholding of removal, and CAT protections
  
  Asylum, Withholding and CAT CBPUSCISEOIR Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  March 29, 2022
  Acted on by Biden Administration

November 2020
1. November 18, 2020
  USCIS to require I-730 petitioners to appear for interview
  
  RefugeesAsylum, Withholding and CAT USCIS Final/ActualRescinded Agency DirectiveChange in Practice
  
  Current Status
  Not in effect
  December 10, 2021
  Acted on by Biden Administration
2. November 6, 2020
  EOIR rescinds OPPMs based on ABT settlement agreement
  
  Asylum, Withholding and CATHearings and Adjudications EOIR Final/Actual Agency Directive
  
  Current Status
  Fully in Effect
3. November 5, 2020
  AG Barr issues Matter of Negusie, ruling there is no duress exception to "persecutor bar" for asylum and withholding of removal
  
  Asylum, Withholding and CAT AGEOIRICEUSCIS Final/Actual Adjudication
  
  Current Status
  Not in effect
  October 12, 2021
  Acted on by Biden Administration
4. November 5, 2020
  EOIR issues guidance for implementing Mendez Rojas settlement on recent border crossers and one-year asylum deadline
  
  Hearings and AdjudicationsAsylum, Withholding and CAT EOIRUSCISDHS Final/Actual Agency Directive
  
  Current Status
  Fully in Effect
5. November 2, 2020
  USCIS releases instructions on filing Form I-589 asylum applications with the Asylum Vetting Center
  
  Asylum, Withholding and CAT USCIS Final/Actual Change in PracticeForms and Information Collection
  
  Current Status
  Fully in Effect

October 2020
1. October 30, 2020
  CBP expelling migrant children from other countries into Mexico
  
  BorderMinorsAsylum, Withholding and CAT CBP Reported Change in Practice
  
  Current Status
  Not in effect
  July 22, 2021
  Acted on by Biden Administration
2. October 21, 2020
  EOIR and USCIS issue final rule expanding criminal bars to asylum and limiting review of discretionary denials of asylum
  
  Asylum, Withholding and CATHearings and AdjudicationsInteriorBorder CBPICEUSCISEOIRBureau of Population, Refugees, and Migration Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  
  Acted on by Biden Administration
3. October 13, 2020
  Unauthorized CBP operation in Guatemala relocates Honduran migrants to the Guatemala-Honduras border
  
  BorderAsylum, Withholding and CAT DOSDHSCBP Final/Actual Change in Practice
  
  Current Status
  Not in effect

September 2020
1. September 23, 2020
  DHS issues a temporary rule requiring the use of USCIS-contracted telephonic interpreters in asylum interviews
  
  Asylum, Withholding and CATHearings and Adjudications USCIS Final/ActualExpired Rule
  
  Current Status
  Not in effect
  March 22, 2021
  Acted on by Biden Administration
2. September 11, 2020
  COVID-19: CDC issues final rule expanding quarantine authority to prohibit "introduction" of noncitizens (except LPRs) into the U.S.
  
  BorderAsylum, Withholding and CATMinors CBPCDC Final/Actual Rule
  
  Current Status
  Not in effect

August 2020
1. August 21, 2020
  USCIS updates its policy manual with guidance on terminating asylee status at adjustment of status
  
  Asylum, Withholding and CAT USCISICEEOIR Final/Actual Agency DirectiveChange in Practice
  
  Current Status
  Fully in Effect
2. August 20, 2020
  Trump Cabinet officials voted in 2018 White House meeting to separate migrant children
  
  BorderAsylum, Withholding and CAT DHSDOJ Reported Agency Directive
  
  Current Status
  Not in effect
3. August 3, 2020
  USCIS issues final rule increasing fees
  
  Asylum, Withholding and CATImmigrant VisasNon-Immigrant VisasNaturalization USCIS Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  June 14, 2021
  Acted on by Biden Administration

July 2020
1. July 14, 2020
  AG Barr issues Matter of O-F-A-S-, clarifying when harm by a public official constitutes torture for CAT purposes
  
  Hearings and AdjudicationsAsylum, Withholding and CAT AGEOIR Final/Actual Adjudication
  
  Current Status
  Fully in Effect

June 2020
1. June 26, 2020
  DHS publishes final rule adopting one-year wait for asylum EADs
  
  Asylum, Withholding and CAT USCIS Final/ActualIn LitigationRescinded Rule
  
  Current Status
  Not in effect
  June 4, 2021
  Acted on by Biden Administration
2. June 22, 2020
  DHS amends regulation to remove 30-day processing provision for asylum employment authorization applications
  
  Asylum, Withholding and CATLabor USCISDHS Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  May 4, 2021
  Acted on by Biden Administration
3. June 17, 2020
  AG Barr certifies Matter of A-M-R-C-, a 15 years' closed asylum case
  
  Hearings and AdjudicationsAsylum, Withholding and CAT AG Final/Actual Adjudication
  
  Current Status
  Fully in Effect

April 2020
1. April 30, 2020
  EOIR extends bar for asylum in CNMI to 2030
  
  Asylum, Withholding and CAT EOIR Final/Actual Rule
  
  Current Status
  Fully in Effect
2. April 29, 2020
  EOIR issues guidance on legal changes affecting individuals in the CNMI
  
  Asylum, Withholding and CATHearings and Adjudications EOIR Final/Actual Agency Directive
  
  Current Status
  Fully in Effect

March 2020
1. March 23, 2020
  COVID-19: DHS and EOIR jointly announce rescheduling of MPP hearings
  
  Asylum, Withholding and CATHearings and Adjudications ICEEOIR Final/Actual Change in Practice
  
  Current Status
  Partially in effect
  June 1, 2021
  Acted on by Biden Administration
2. March 20, 2020
  COVID-19: CDC order under Title 42 authorizes CBP expulsion of persons arriving by land from Mexico or Canada without valid documents
  
  BorderAsylum, Withholding and CATMinors CBPDHSCDC Final/ActualIn LitigationRenewed Agency Directive
  
  Current Status
  Not in effect
  February 17, 2021
  Acted on by Biden Administration
3. March 20, 2020
  COVID-19: CBP issues memo on turning away migrants at borders, including unaccompanied minors and asylum seekers
  
  BorderAsylum, Withholding and CAT CBPCDC Final/Actual Agency Directive
  
  Current Status
  Not in effect
  July 16, 2021
  Acted on by Biden Administration
4. March 17, 2020
  COVID-19: USCIS temporarily suspends in-person services
  
  Asylum, Withholding and CATCitizenship USCIS Rescinded Change in Practice
  
  Current Status
  Not in effect

February 2020
1. February 26, 2020
  AG Barr issues Matter of R-A-F-, remanding BIA decision for reconsideration of "torture" determination
  
  Asylum, Withholding and CATHearings and Adjudications AGEOIR Final/Actual Adjudication
  
  Current Status
  Fully in Effect

January 2020
1. January 23, 2020
  USCIS rejects certain application forms for incompleteness if any fields are left blank
  
  Asylum, Withholding and CATU/T/VAWA USCIS Final/Actual Change in Practice
  
  Current Status
  Not in effect
  April 1, 2021
  Acted on by Biden Administration

December 2019
1. December 6, 2019
  Reported: EOIR expands use of "tent courts" along Southern Border
  
  HumanitarianAsylum, Withholding and CATBorderHearings and Adjudications USCISEOIRCBPICE Reported Change in Practice
  
  Current Status
  Not in effect

November 2019
1. November 22, 2019
  EOIR General Counsel issues guidance on applying Asylum Eligibility and Procedural Modifications Rule to certain asylum seekers impacted by metering
  
  Asylum, Withholding and CATHearings and Adjudications EOIR Final/ActualIn Litigation Agency Directive
  
  Current Status
  Not in effect
2. November 19, 2019
  Interim final rule modifies existing regulations to implement the Asylum Cooperative Agreements
  
  BorderAsylum, Withholding and CAT EOIRUSCISCBPDOS Final/ActualIn Litigation Rule
  
  Current Status
  Fully in Effect
  February 6, 2021
  Acted on by Biden Administration
3. November 19, 2019
  EOIR memorializes policy regarding joint rule on the implementation of Asylum Cooperative Agreements
  
  Asylum, Withholding and CATBorderHearings and Adjudications USCISEOIRICE Final/ActualIn Litigation Agency Directive
  
  Current Status
  Not in effect
  May 14, 2021
  Acted on by Biden Administration
4. November 7, 2019
  CBP issues NTAs with false court dates to migrants in MPP
  
  Hearings and AdjudicationsAsylum, Withholding and CAT CBPICEEOIR Final/Actual Change in Practice
  
  Current Status
  Fully in Effect
5. November 6, 2019
  DHS begins implementing the Humanitarian Asylum Review Program
  
  Asylum, Withholding and CATBorderHearings and Adjudications USCISCBPEOIR Final/ActualIn Litigation Change in Practice
  
  Current Status
  Not in effect
  February 2, 2021
  Acted on by Biden Administration

October 2019
1. October 7, 2019
  DHS begins implementing the Prompt Asylum Claim Review program
  
  Asylum, Withholding and CATBorderDetentionHearings and Adjudications CBPUSCISEOIR Final/ActualIn Litigation Change in Practice
  
  Current Status
  Not in effect
  February 2, 2021
  Acted on by Biden Administration

September 2019
1. September 30, 2019
  USCIS issues policy guidance for Matter of L-E-A-
  
  Asylum, Withholding and CATRefugees USCISICEEOIR Final/Actual Agency Directive
  
  Current Status
  Not in effect
  May 14, 2021
  Acted on by Biden Administration
2. September 25, 2019
  United States and Honduras sign Asylum Cooperative Agreement
  
  BorderAsylum, Withholding and CAT CBPUSCISDOJ Final/ActualIn Litigation Agency Directive
  
  Current Status
  Not in effect
  February 6, 2021
  Acted on by Biden Administration
3. September 20, 2019
  United States and El Salvador sign Asylum Cooperative Agreement
  
  BorderAsylum, Withholding and CAT DOJUSCISCBP Final/ActualIn LitigationRescinded Agency Directive
  
  Current Status
  Not in effect
  February 6, 2021
  Acted on by Biden Administration

August 2019
1. August 28, 2019
  U.S. and El Salvador sign letter of cooperation to reduce border migration
  
  Asylum, Withholding and CAT USCISICECBP Final/Actual Change in Practice
  
  Current Status
  Fully in Effect
2. August 27, 2019
  DHS moves $155M from disaster relief to immigration enforcement
  
  BorderDetentionAsylum, Withholding and CAT USCISICEFEMA Final/Actual Change in Practice
  
  Current Status
  Fully in Effect
3. August 21, 2019
  Reported: More than 2,000 migrants returned to Central American countries under "Assisted Voluntary Return" program.
  
  BorderAsylum, Withholding and CAT DHSDOS Reported Change in Practice
  
  Current Status
  Fully in Effect

July 2019
1. July 29, 2019
  AG decides Matter of L-E-A-, narrowing family-based PSGs
  
  Asylum, Withholding and CAT EOIRICEAGUSCIS Final/ActualIn Litigation Adjudication
  
  Current Status
  Not in effect
  June 16, 2021
  Acted on by Biden Administration
2. July 26, 2019
  United States and Guatemala sign Asylum Cooperative Agreement
  
  Asylum, Withholding and CATBorder DOJCBPUSCIS Final/ActualIn Litigation Agency Directive
  
  Current Status
  Not in effect
  February 6, 2021
  Acted on by Biden Administration
3. July 26, 2019
  USCIS issues guidance regarding asylum and internal relocation
  
  Asylum, Withholding and CAT USCIS Final/Actual Change in Practice
  
  Current Status
  Fully in Effect
4. July 16, 2019
  DHS and DOJ issue joint third country asylum rule
  
  Asylum, Withholding and CATBorder ICEEOIRUSCISCBP Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  February 23, 2023
  Acted on by Biden Administration
5. July 15, 2019
  EOIR issues guidelines regarding DHS/DOJ third country interim final rule
  
  Asylum, Withholding and CAT ICEEOIR Final/ActualIn LitigationRescinded Agency Directive
  
  Current Status
  Not in effect
  May 14, 2021
  Acted on by Biden Administration
6. July 15, 2019
  ICE interim guidance for implementation of Matter of M-S-
  
  Asylum, Withholding and CATDetention ICE Final/Actual Agency Directive
  
  Current Status
  Fully in Effect
7. July 9, 2019
  Asylum seekers given less time to prepare for credible fear interviews
  
  Asylum, Withholding and CAT USCIS In LitigationEnjoined/Vacated Change in Practice
  
  Current Status
  Fully in Effect
8. July 8, 2019
  Report: Immigration Officials Use Secretive Gang Databases to Deny Asylum Claims
  
  Asylum, Withholding and CATBorderInterior ICECBPUSCISDOS Reported Change in Practice
  
  Current Status
  Fully in Effect

June 2019
1. June 7, 2019
  United States and Mexico sign joint statement on immigration enforcement
  
  BorderAsylum, Withholding and CAT USCISICECBPDOS Final/Actual Change in Practice
  
  Current Status
  Fully in Effect

May 2019
1. May 31, 2019
  USCIS updates procedures for unaccompanied children's asylum applications
  
  MinorsAsylum, Withholding and CAT USCIS Final/ActualIn LitigationEnjoined/Vacated Change in Practice
  
  Current Status
  Not in effect
2. May 2, 2019
  Border Patrol agents will conduct and decide credible fear claims
  
  BorderAsylum, Withholding and CAT CBPUSCIS Final/ActualIn LitigationEnjoined/Vacated Change in Practice
  
  Current Status
  Not in effect

April 2019
1. April 30, 2019
  Asylum interviewers will no longer be trained to consider lack of asylum seekers' evidence
  
  Asylum, Withholding and CAT USCIS In LitigationEnjoined/Vacated Change in Practice
  
  Current Status
  Not in effect
2. April 29, 2019
  President Trump issues memo proposing to tighten asylum rules
  
  Asylum, Withholding and CATBorder EOIRUSCISCBPAG Proposed Presidential Orders
  
  Current Status
  Not in effect
3. April 16, 2019
  AG Barr issues Matter of M-S-, holding that an asylum-seeker who establishes credible fear is ineligible for bond, even when transferred to removal proceedings
  
  Asylum, Withholding and CATDetention EOIRICEAG Final/Actual Adjudication
  
  Current Status
  Fully in Effect

March 2019
1. March 1, 2019
  USCIS makes unannounced Form I-730 processing changes, referring certain petitions to ICE
  
  Asylum, Withholding and CATRefugees ICEUSCIS Final/Actual Change in Practice
  
  Current Status
  Fully in Effect

February 2019
1. February 12, 2019
  ICE issues guidance on Migrant Protection Protocols (MPP)
  
  BorderAsylum, Withholding and CAT ICEEOIR Final/ActualIn Litigation Agency Directive
  
  Current Status
  Partially in effect
  January 20, 2021
  Acted on by Biden Administration

January 2019
1. January 28, 2019
  USCIS issues guidance for implementing the Migrant Protection Protocols (MPP)
  
  Asylum, Withholding and CATBorder CBPUSCIS Final/ActualIn Litigation Agency Directive
  
  Current Status
  Partially in effect
  January 20, 2021
  Acted on by Biden Administration
2. January 28, 2019
  CBP issues guidance for implementing Migrant Protection Protocols (MPP)
  
  Asylum, Withholding and CATBorder CBPUSCIS Final/ActualIn Litigation Agency Directive
  
  Current Status
  Partially in effect
  January 20, 2021
  Acted on by Biden Administration
3. January 28, 2019
  USCIS announces online case status feature for asylum applicants
  
  Asylum, Withholding and CAT USCIS Final/Actual Forms and Information Collection
  
  Current Status
  Fully in Effect

December 2018
1. December 20, 2018
  DHS promulgates the Migrant Protection Protocols (MPP)
  
  Asylum, Withholding and CATBorder CBPUSCISICE Final/ActualIn Litigation Agency DirectiveChange in Practice
  
  Current Status
  Not in effect
  January 20, 2021
  Acted on by Biden Administration

November 2018
1. November 19, 2018
  EOIR Director orders IJs to adjudicate asylum claims within 180 days
  
  Asylum, Withholding and CAT ICEEOIR Final/Actual Agency Directive
  
  Current Status
  Not in effect
  April 18, 2022
  Acted on by Biden Administration
2. November 9, 2018
  DOJ and DHS issue interim final rule restricting access to asylum for individuals who enter outside recognized POEs
  
  Asylum, Withholding and CATBorder USCISCBPICEDHSEOIR Final/ActualIn LitigationEnjoined/Vacated Rule
  
  Current Status
  Not in effect
  June 14, 2021
  Acted on by Biden Administration
3. November 9, 2018
  POTUS issues Proclamation 9822 suspending entry across southern border outside ports of entry to bar asylum access
  
  Asylum, Withholding and CATBorder CBPUSCISICEEOIR Final/ActualIn LitigationEnjoined/Vacated Presidential Orders
  
  Current Status
  Not in effect
4. November 9, 2018
  USCIS issues guidance to asylum officers implementing asylum ban proclamation and regulation
  
  Asylum, Withholding and CATBorder USCIS Final/ActualIn LitigationEnjoined/Vacated Agency Directive
  
  Current Status
  Not in effect

September 2018
1. September 12, 2018
  State Department certifies immigration enforcement cooperation agreements with Guatemala, El Salvador and Honduras
  
  BorderAsylum, Withholding and CAT DOS Final/Actual Agency Directive
  
  Current Status
  Fully in Effect
2. September 12, 2018
  Report that State Department plans to pay Mexico $20 million to deport unauthorized immigrants
  
  BorderAsylum, Withholding and CAT DOS Reported Agency Directive
  
  Current Status
  Fully in Effect

July 2018
1. July 11, 2018
  ICE issues guidance for OPLA attorneys on litigating asylum claims after Matter of A-B-
  
  Asylum, Withholding and CAT USCISICEEOIR Final/ActualIn LitigationEnjoined/Vacated Agency Directive
  
  Current Status
  Not in effect
  June 16, 2021
  Acted on by Biden Administration
2. July 11, 2018
  Reports of possible safe-third country agreement with Mexico
  
  Asylum, Withholding and CATBorder CBPUSCISDOS Reported Change in Practice
  
  Current Status
  Fully in Effect
3. July 3, 2018
  AG Sessions rescinds 24 guidance documents, including guidance discouraging employers from discriminating against asylees and refugees
  
  RefugeesAsylum, Withholding and CATSanctuary Restrictions DOJ Final/Actual Change in Practice
  
  Current Status
  Fully in Effect

June 2018
1. June 28, 2018
  New Jersey IJs issue notices on asylum, withholding, and CAT relief applicants on Matter of A-B-
  
  Asylum, Withholding and CAT EOIRICE Final/ActualIn LitigationEnjoined/Vacated Agency Directive
  
  Current Status
  Not in effect
  June 16, 2021
  Acted on by Biden Administration
2. June 25, 2018
  Government delays credible fear interviews for asylum seekers
  
  Hearings and AdjudicationsBorderAsylum, Withholding and CATDetention DHSCBPICEEOIR Final/ActualIn LitigationReplaced Change in Practice
  
  Current Status
  Not in effect
3. June 19, 2018
  DHS reportedly increasing its use of medical records in asylum determinations in children's cases
  
  MinorsAsylum, Withholding and CATEnforcement USCISICEORR Reported Change in Practice
  
  Current Status
  Fully in Effect
4. June 14, 2018
  DOS proposed revisions to Form DS-7655, Iraqi Citizens and Nationals Employed by Federal Contractors and Grantees
  
  Asylum, Withholding and CATRefugeesImmigrant Visas: Special Immigrant DOS Rescinded Forms and Information Collection
  
  Current Status
  Not in effect

May 2018
1. May 29, 2018
  USCIS removes asylum officer training documents from USCIS website
  
  Asylum, Withholding and CAT USCIS Reported Change in Practice
  
  Current Status
  Fully in Effect
2. May 9, 2018
  EOIR releases immigration court statistics through Q2 of FY18
  
  Asylum, Withholding and CATMinorsHearings and Adjudications EOIR Final/Actual Data and Reports
  
  Current Status
  Fully in Effect

April 2018
1. April 27, 2018
  CBP's metering policy is confirmed through litigation
  
  Asylum, Withholding and CATBorder CBPUSCISEOIR Final/ActualIn LitigationEnjoined/Vacated Agency DirectiveChange in Practice
  
  Current Status
  Not in effect
  November 1, 2021
  Acted on by Biden Administration
2. April 6, 2018
  Government delays bond hearings for asylum seekers
  
  DetentionAsylum, Withholding and CATHearings and AdjudicationsBorder DHSCBPICEEOIRAG Final/ActualIn Litigation Change in Practice
  
  Current Status
  Fully in Effect

March 2018
1. March 7, 2018
  AG Sessions issues Matter of A-B-, restricting asylum claims based on domestic or gang violence
  
  Asylum, Withholding and CATHearings and Adjudications EOIRAGICEUSCIS Final/ActualIn LitigationEnjoined/Vacated Adjudication
  
  Current Status
  Not in effect
  June 16, 2021
  Acted on by Biden Administration
2. March 5, 2018
  AG Sessions vacates Matter of E-F-H-L-, which had held that asylum applicants were entitled to a full evidentiary hearing
  
  Asylum, Withholding and CAT AGEOIRICE Final/Actual Adjudication
  
  Current Status
  Fully in Effect

January 2018
1. January 26, 2018
  USCIS announces "last in-first out" processing for affirmative asylum interviews
  
  Asylum, Withholding and CAT USCIS Final/Actual Change in Practice
  
  Current Status
  Fully in Effect

April 2017
1. April 25, 2017
  DHS increases capacity for Asylum Division to lead fraud investigations and evaluate national security threats
  
  Asylum, Withholding and CAT USCIS Final/Actual Data and Reports
  
  Current Status
  Fully in Effect

February 2017
1. February 13, 2017
  USCIS raises standard for initial credible fear and reasonable fear interviews
  
  Asylum, Withholding and CAT USCIS Final/ActualIn Litigation Change in Practice
  
  Current Status
  Not in effect
  July 19, 2021
  Acted on by Biden Administration

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