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Asylum seekers given less time to prepare for credible fear interviews

  1. Date Announced

    July 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
  2. Effective Date of Change

    July 8, 2019
  3. Subsequent Action

    March 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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    L.M.M. v. Cuccinelli Decison
Type of Action: Change in Practice
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS

Prior Policies

Subsequent Action

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