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AG Barr issues Matter of M-S-, holding that an asylum-seeker who establishes credible fear is ineligible for bond, even when transferred to removal proceedings

  1. Original Date Announced

    April 16, 2019

    Asylum seekers in expedited removal proceedings who have established a credible fear of persecution or torture are no longer eligible for release on bond and will be detained until the disposition of their case. This decision by Attorney General Barr overrules a 14-year-old BIA precedent. It does not affect migrants who apply for asylum at a port of entry, but instead those who are apprehended after crossing into the United States without authorization.

    [ID #75]

    Matter of M-S-, 27 I&N Dec. 509 (AG 2019)
  2. Effective Date

    April 16, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Adjudication
Agencies Affected: EOIR ICE AG

Pre Trump-Era Policies

  • May 4, 2005

    Asylum-seekers with a positive credible fear determination for persecution or torture were previously eligible for a custody redetermination hearing before an Immigration Judge.

    Matter of X-K-, 23 I&N Dec. 731 (BIA 2005)

Commentary

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