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Original Date Announced
July 9, 2019USCIS Acting Director Ken Cuccinelli reportedly released a policy change internally reducing the time asylum officers have to wait after an immigrant is detained before conducting a credible fear interview from 48 hours to 1 calendar day.
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Immigrant Asylum-Seekers May Get Less Time To Prepare Their Cases Under A New Trump Administration RuleEffective Date
July 8, 2019Subsequent Trump and Court Action(s)
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March 1, 2020
L.M.M. v. Cuccinelli Decison
In a March 1, 2020 decision, Judge Randolph Moss (D.D.C.) held in L.M.-M. v. Cuccinelli that the policies issued by Acting USCIS Director Ken Cuccinelli are void because Cuccinelli’s appointment was not valid under the Federal Vacancies Reform Act. The decision specifically cites a July policy directive by Cuccinelli that reduced to one day the time an asylum officer had to wait before interviewing detained asylum-seekers to determine whether they have a “credible fear” of persecution. The government withdrew its appeal in August 2020.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Modified
October 7, 20242024.10.07 Final Rule, Securing the Border
The policy in this entry is marked Fully in Effect because of this Biden Administration action.
On October 7, 2024, the Biden administration issued a final rule to implement the June 3, 2024, Presidential proclamation suspending and limiting the entry of certain noncitizens into the United States during emergency border circumstances. Footnote 33 of the final rule states that on June 4, 2024, an internal policy memorandum from Ted Kim, Associate Director, Refugee, Asylum, and Int'l Operations Directorate, USCIS, reduced the minimum credible fear consultation period for noncitizens subject to the rule's provisions from at least 24 hours to at least 4 hours. The memo directed that this period should begin at the time ICE or CBP provides the noncitizen with the opportunity to consult and continue only during the hours of 7 a.m. and 7 p.m. local time.
View DocumentCurrent Status
Fully in EffectMost Recent Action
October 7, 2024 Action: Modified 2024.10.07 Final Rule, Securing the BorderOctober 7, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CATAgencies Affected: USCISPre Trump-Era Policies
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July 9, 2019
Previously, asylum seekers had at least 48 hours after their detention before the credible fear interview would be conducted.
USCIS Questions & Answers: Credible Fear Screening
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
2023.05.11 Biden cuts time for migrants to get lawyers, echoing Trump policy as Title 42 expires
The Los Angeles Times reports that USCIS sent a directive to asylum officers on May 10, 2023, informing them that it was decreasing the minimum wait-time between when an asylum-seeker receives Form M-444, Information About Credible Fear Interview, and the credible fear interview, from 48 hours to 24 hours. Under the new policy, "migrants who request to reschedule their initial interviews will need to 'demonstrate extraordinary circumstances' to do so." This reported Biden action effects a similar policy regarding expedited credible fear interviews as the 2019 Cuccinelli policy directive.
Go to article06.05.2024 New York Times - A New Hurdle for Asylum Seekers
The New York Times reports that the 24-hour time window previously given migrants before they are required to complete their initial credible fear interview has now been reduced to only four hours. This will significantly reduce the time during which migrants could have sought legal counsel or advice before completing their credible fear interviews.
This reported Biden action implements a similar policy as the 2019 Cuccinelli policy directive.
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