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EOIR imposes tougher procedures for asylum and withholding of removal

  1. Original Date Announced

    December 16, 2020

    EOIR 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. 81698
  2. Effective Date

    January 15, 2021
  3.  
  4. 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 Document

Current Status

Fully in Effect
Acted on by Biden Administration

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