Original Date AnnouncedApril 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)
Effective DateApril 16, 2019
Subsequent Trump-Era and Court Action(s)
July 15, 2019
ICE ERO Interim Guidance for Implentation of Matter of M-SView Document
In March 2020, Ninth Circuit upholds right of asylum seekers with positive credible fear determinations to bond hearings--see Padilla v. ICE, Ninth Circuit 19-35565. In January 2021, SCOTUS vacated and remanded for further consideration in light of Thuraissigiam.