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Original Date Announced
December 16, 2020EOIR publishes regulations that make multiple changes to tighten procedures for asylum applications, including:
- Requiring immigration courts to promptly reject all incomplete applications.
- Creating a new requirement that incomplete applications be corrected and resubmitted within 30 days of rejection.
- Requiring that filing fees accompany the application.
- Clarifying what external information an immigration judge may rely upon by (i) broadening the scope of evidence that may come from U.S. governmental sources and (ii) restricting consideration of NGO sources to only "probative and credible evidence."
- Giving judges the authority to submit evidence into the record.
- Tightening procedures in order to pressure judges and applicants to stay within the 180-day clock for asylum work authorization.
- Truncating the judge's discretion in setting the application deadline and creating a 15-day filing deadline from the date of the respondent's first hearing, with limited exceptions.
[ID #1053]
Procedures for Asylum and Withholding of Removal, 85 Fed. Reg. 81698Effective Date
January 15, 2021Subsequent Trump-Era and Court Action(s)
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January 14, 2021
NIJC v. EOIR, Order Granting TRO & PI
The District Court for the District of Columbia granted a temporary restraining order and preliminary injunction halting implementation of the final rule on Procedures for Asylum and Withholding of Removal in response to a complaint filed by four non-profit immigration legal service providers. The case is NIJC v. EOIR, Case 1:21-cv-00056 (D.D.C., Jan. 14, 2021).
On March 10, 2021, the Biden administration notified the court of its intent to appeal the decision granting the preliminary injunction.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action
Procedures for Asylum and Withholding of Removal
This notice made known the Biden administration's plan to rescind or modify the Trump-era policy identified in this entry.
DOJ issued a Uniform Regulatory Agenda notice announcing its plan to rescind or modify the regulatory revisions related to adjudicatory procedures for asylum and withholding of removal.
View DocumentCurrent Status
Not in effectMost Recent Action
Action: None Procedures for Asylum and Withholding of RemovalActed on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- April 29, 2019 President Trump issues memo proposing to tighten asylum rules
- June 26, 2020 DHS publishes final rule adopting one-year wait for asylum EADs
- August 3, 2020 USCIS issues final rule increasing fees
Pre Trump-Era Policies
- April 6, 1992 1992.04.06 8 CFR § 1003.29 - Continuances.
- March 17, 1998 1998.03.17 8 CFR § 1208.7 - Employment authorization.
- December 6, 2000 2000.12.06 8 CFR § 1208.9 - Procedure for interview before an asylum officer.
- December 6, 2000 2000.12.06 8 CFR § 1208.3 - Form of application.
- December 6, 2000 2000-12-06 8 CFR § 1208.12 - Reliance on information compiled by other sources.
- May 28, 2002 2002.05.28 8 CFR § 1003.31 - Filing documents and ...aw _ LII _ Legal Information Institute
- September 20, 2007 2007.09.20 8 CFR § 1240.6 - Postponement and adjournment of hearing.
- July 11, 2014 2014-07-11 8 CFR § 1003.10 - Immigration judges.
- April 30, 2020 2020.04.30 8 CFR § 1208.4 - Filing the application.
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Procedures for Asylum and Withholding of Removal
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Prior Policy
Original Source:
8 CFR § 1003.29 - Continuances.
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Prior Policy
Original Source:
8 CFR § 1208.7 - Employment authorization.
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Prior Policy
Original Source:
8 CFR § 1208.9 - Procedure for interview before an asylum officer.
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Prior Policy
Original Source:
8 CFR § 1208.3 - Form of application.
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Prior Policy
Original Source:
8 CFR § 1208.12 - Reliance on information compiled by other sources.
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Prior Policy
Original Source:
8 CFR § 1003.31 - Filing documents and applications.
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Prior Policy
Original Source:
8 CFR § 1240.6 - Postponement and adjournment of hearing.
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Prior Policy
Original Source:
8 CFR § 1003.10 - Immigration judges.
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Prior Policy
Original Source:
8 CFR § 1208.4 - Filing the application.
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Subsequent Action
- Commentary
- Commentary
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Other
Original Source:
Proposed Rule: Procedures for Asylum and Withholding of Removal
Commentary
AILA-AIC Comment on Procedures for Asylum and Withholding of Removal Rule
Go to articleCLINIC Comment on Proposed Rule on Procedures for Asylum and Withholding of Removal
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