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Original Date Announced
July 9, 2019USCIS 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]
Immigrant Asylum-Seekers May Get Less Time To Prepare Their Cases Under A New Trump Administration RuleEffective Date
July 8, 2019Subsequent Trump-Era 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 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.**
Current Status
Not in effectOriginal 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