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2.0

DHS uses new Form I-867B in expedited removal without questions about fear or harm

  1. Original Date Announced

    January 29, 2026

    The Department of Homeland Security (DHS) begins using a new version of Form I-867B, Jurat for Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act, that records only answers to questions about "Why did you leave your home country or country of last residence" and "Do you have any questions or is there anything else you would like to add?"

    The prior version of the form additionally recorded answers to the questions "Do you have any fear or concern about being returned to your home country or being removed from the United States" and "Would you be harmed if you are returned to your home country or country of last residence?"

    The use of the revised form was first revealed in a government filing before the DC Circuit in Make the Road New York v. Noem, 25-5320 (2d Cir.).

    Trump 2.0 [ID# 2189]

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    2026.01.29 Form I-867B - Make the Road New York v. Noem
  2. Effective Date

    February 11, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Agencies Affected: DHS CBP

Pre Trump-Era Policies

  • April 1, 1997

    Original and longstanding version of Form I-867B containing four questions (including two fear/harm questions).

    1997.04.01 Form I-867B

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