Date AnnouncedJuly 9, 2019
USCIS Acting Director Ken Cuccinelli reportedly releases a policy change to staffers reducing the time asylum officers have to wait after detaining an immigrant before conducting a credible fear interview from 48 hours to 1 calendar day.
[ID #93]View Policy Document
Effective Date of ChangeJuly 8, 2019
Subsequent ActionMarch 1, 2020
In a March 1, 2020 decision, Judge Randolph Moss (D.D.C.) held 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.L.M.M. v. Cuccinelli Decison
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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