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EOIR imposes tougher procedures for asylum and withholding of removal

  1. Date Announced

    Dec. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Jan. 15, 2021
  3. Subsequent Action

    January 14, 2021

    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.**

    NIJC v. EOIR, Order Granting TRO & PI
  4. Biden Administration Action

    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.

    Procedures for Asylum and Withholding of Removal

Commentary

AILA-AIC Comment on Procedures for Asylum and Withholding of Removal Rule

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CLINIC Comment on Procedures for Asylum and Withholding of Removal Rule

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