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Original Date Announced
January 29, 2026The 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.).
In a subsequent filing in Make the Road New York, plaintiffs provided evidence suggesting that DHS on February 11, 2025, also began using a new version of Form I-867A, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act. The new version of the form omits the advisal read to noncitizens processed for expedited removal that "U.S. law provides protection to certain persons who face persecution, harm or torture upon return to their home country. If you fear or have a concern about being removed from the United States or about being sent home, you should tell me so during this interview because you may not have another chance. You will have the opportunity to speak privately and confidentially to another officer about your fear or concern. That officer will determine if you should remain in the United States and not be removed because of that fear."
Trump 2.0 [ID# 2189]
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2025.02.11 Form I-867B - Make the Road New York v. Noem 2025.02.11 Form I-867AEffective Date
February 11, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Change in Practice Forms and Information CollectionSubject Matter: Asylum, Withholding and CAT Border InteriorAssociated or Derivative Policies
- January 21, 2025 DHS expands expedited removal to the maximum extent authorized by statute
- January 23, 2025 DHS provides guidance for use of expanded expedited removal, including for parolees
- February 18, 2025 ICE directs ERO officers to consider expedited removal for large categories of noncitizens
Pre Trump-Era Policies
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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 -
April 1, 1997
Original and longstanding version of Form I-867A containing the advisal regarding protections under U.S. law related to persecution and torture fear.
1997.04.01 Form I-867A
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.01.29 Form I-867B - Make the Road New York v. Noem
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New Policy
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Prior Policy
Original Source:
1997.04.01 Form I-867B
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Prior Policy
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