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Original Date Announced
September 23, 2020DHS announces a temporary final rule which requires asylum applicants who speak one of 47 listed languages to use USCIS-contract telephonic interpreters rather than their own interpreters for their asylum interviews, effective until March 22, 2021. Those who speak languages not on the list are required to bring their own interpreters to the interviews. In justifying this rule, USCIS cites safety concerns related to the COVID-19 pandemic and the need to minimize in-person contact. [ID #1052]
DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 [CIS No. 2671-20; DHS Docket No. USCIS-2020-0017] RIN 1615-AC59 Asylum Interview Interpreter Requirement Modification Due to COVID-19Effective Date
September 23, 2020Biden Administration Action: Approved/Retained
March 22, 20212021.03.22 Asylum Interview Interpreter Requirement Modification Due to COVID–19
This Biden administration policy extends the Trump-era policy identified in this entry.
On March 22, 2021, USCIS and DHS issued an extension of the temporary final rule requiring USCIS-contract telephonic interpreters to assist asylum applicants in interviews.
View DocumentBiden Administration Action: Approved/Retained
September 17, 20212021.09.17 Asylum Interview Interpreter Requirement Modification Due to COVID-19
This Biden administration policy extends the Trump-era policy identified in this entry.
On September 17, 2021, USCIS and DHS again issued an extension of the temporary final rule requiring USCIS-contract telephonic interpreters to assist asylum applicants in interviews. The temporary final rule is now set to expire on March 16, 2022.
View DocumentBiden Administration Action: Approved/Retained
March 16, 20222022.03.16 Asylum Interview Interpreter Requirement Modification Due to COVID-19
This Biden administration policy extends the Trump-era policy identified in this entry.
On March 16, 2022, USCIS and DHS again issued an extension of the temporary final rule requiring USCIS-contract telephonic interpreters to assist asylum applicants in interviews. The temporary final rule is now set to expire on March 16, 2023.
View DocumentBiden Administration Action: Approved/Retained
March 17, 202303.17.2023-TFR Extending Trump Era Interpreter Requirements
This Biden administration policy extends the Trump-era policy identified in this entry.
On March 16, 2023, USCIS and DHS issued a fourth extension of the temporary final rule requiring USCIS-contract telephonic interpreters to assist asylum applicants in interviews. The temporary final rule is now set to expire on September 12, 2023.
View DocumentBiden Administration Action: Expired
September 13, 2023Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13
This Biden administration action reverses the Trump administration action identified in this entry. Starting Sept. 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to proceed with their interview in a language other than English.
With the expiration of the fourth temporary final rule on September 13, 2023, USCIS announced that it would revert back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).
View DocumentCurrent Status
Not in effectMost Recent Action
September 13, 2023 Action: Expired Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13March 22, 2021Acted on by Biden Administration
September 17, 2021Acted on by Biden Administration
March 16, 2022Acted on by Biden Administration
March 17, 2023Acted on by Biden Administration
September 13, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual ExpiredTrump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT Hearings and AdjudicationsAgencies Affected: USCISPre Trump-Era Policies
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June 26, 2020
USCIS regulations state that asylum applicants unable to proceed in English with their asylum interviews "must provide, at no expense to the Service, a competent interpreter fluent in both English and the applicant's native language or any other language in which the applicant is fluent.”
8 CFR § 208.9 - Procedure for interview before an asylum officer.
