Asylum interviewers will no longer be trained to consider lack of asylum seekers' evidence

Original Date Announced
April 30, 2019
USCIS released revised training guidelines for asylum officers, omitting a paragraph from the previous version that advised interviewers to consider that asylum seekers may not have all the evidence to demonstrate credible fear of persecution upon first arriving in the United States. [ID #95]
Lesson Plan Overview: Credible Fear of Persecution and Torture Determinations
Effective Date
April 30, 2019
Subsequent Trump-Era and Court Action(s)
- October 31, 2020
  Kiakombua v. Wolf Opinion
  
  A federal judge in the U.S. District Court for the District of Columbia ruled in favor of several asylum seekers challenging new policies contained in “credible fear” lesson plans for asylum seekers. According to the order, the lesson plans are vacated in their entirety and the government must bring back, at government expense, the two named plaintiffs who had been deported before the case was filed so that they can be re-screened. The case is Kiakombua v. Wolf, Case No. 1:19-cv-01872 (D.D.C.).
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
  View Document

Not in effect

Status: In Litigation Enjoined/Vacated

Trump Administration Action: Change in Practice

Subject Matter: Asylum, Withholding and CAT

Agencies Affected: USCIS

Associated or Derivative Policies

February 13, 2017
Previously, USCIS training guidelines for asylum officers included a notice to officers to bear in mind that asylum seekers may not have all necessary evidence in hand, stating, in part, that "[o]ften times, in the credible fear context of expedited removal and detention, an applicant will not be able to provide additional evidence corroborating his or her otherwise credible testimony."
Lesson Plan Overview: Credible Fear of Persecution and Torture Determinations, February 2017

Reuters | New training document for asylum screenings reflects tougher U.S. stance
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