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Original Date Announced
December 11, 2020EOIR/DHS finalize omnibus rule restricting asylum, withholding of removal, and CAT eligibility. The rule implements a wide range of substantive and procedural policy changes, including: limiting qualifying persecution; raising the standard of proof in credible fear adjudications; allowing asylum officers to consider internal relocation and mandatory bars to asylum/withholding at the credible fear stage; expanding the definition of "frivolous" asylum claim and the firm resettlement bar; channeling asylum seekers who pass their credible fear interviews into "asylum-and-withholding-only" proceedings; and more. The executive summary of the final rule notes 17 changes to the NPRM, 13 of which the agency deems "non-substantive" changes to the modified regulatory provisions, and four of which were necessary due to regulatory provisions being "inadvertently changed or deleted" in the NPRM.
The final rule and NPRM was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting DHS Secretary Wolf, and by AG Barr.
[ID #982]
2020.12.11 EOIR/DHS Procedures for Asylum and WH Final RuleEffective Date
January 11, 2020Subsequent Trump and Court Action(s)
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January 8, 2021
Preliminary Injunction - Jan. 8, 2021
In Pangea Legal Services v. DHS, N.D. Cal. No. 3:20-cv-9253 and Immigration Equality v. DHS, N.D. Cal. No. 3:20-cv-09258, the U.S. District Court for the Northern District of California issued a preliminary injunction enjoining DHS from “implementing, enforcing, or applying" the rule or any related policies or procedures - including the Policy Memorandum entitled Guidance Regarding New Regulations Governing Procedures for Asylum and Withholding of Removal and Credible Fear Reviews issued by the Department of Justice on December 11, 2020.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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January 11, 2021
Correction to Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
DHS issues a technical correction to the rule.
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April 16, 2024
Arizona v. Garland Memorandum Ruling (April 16, 2024)
Nineteen states filed a federal lawsuit, Arizona v. Garland, no. 6:22-cv-01130 (W.D. La. Apr. 16, 2024), challenging the Biden administration's IFR modifying the Trump-era policy in this entry. On April 16, 2024, the district court found the Biden administration's IFR illegal but nonetheless dismissed the lawsuit for lack of standing. On June 7, 2024, the plaintiff states filed a notice to appeal the dismissal. For updates on the litigation in Arizona v. Garland, see https://www.courtlistener.com/docket/63271112/arizona-v-garland/?page=2.
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: Modified
March 29, 20222022.03.29 Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
This Biden administration policy modifies the Trump-era policy identified in this entry.
On March 29, 2022, DHS and DOJ issued a joint IFR on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22. The IFR states that comments will be accepted until 5/31/22; they will be considered and addressed in a final rule. Comments on proposed revisions to the Form I-765 instructions are also invited.
For a 2023 USCIS Fact Sheet on Implementation of the Credible Fear and Asylum Processing Interim Final Rule, see https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/fact-sheet-implementation-of-the-credible-fear-and-asylum-processing-interim-final-rule. And for a 2024 Inspector General report, "USCIS Faces Challenges Meeting Statutory Timelines and Reducing Its Backlog of Affirmative Asylum Claims," see https://www.oig.dhs.gov/sites/default/files/assets/2024-07/OIG-24-36-Jul24.pdf.
View DocumentBiden Administration Action: Modified
December 18, 20242024.12.18 Application of Certain Mandatory Bars in Fear Screenings
The Biden administration modified the Trump-era policy identified in this entry.
On December 18, 2024, DHS announced a final rule allowing asylum officers to consider the potential applicability of certain bars to asylum and withholding of removal during credible fear and reasonable fear screenings. The final rule is effective January 17, 2025.
View DocumentBiden Administration Action: Modified
December 27, 2024Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear Review
On December 27, 2024, DHS and DOJ issued a joint interim final rule ("IFR") on asylum processing, making several technical amendments to DOJ regulations. In particular, the rule clarifies that immigration judges' de novo review of asylum officers' credible fear and reasonable fear determinations must include (where relevant) a review of the asylum officer's application of bars on asylum or withholding of removal under DHS regulations. Some of the technical changes related to these standards were included to emphasize that immigration judges must receive the complete record in order to review the application of any bars, while others were to clarify that immigration judges cannot review country designations in expedited removal.
Comments are requested through January 27, 2025.
View DocumentCurrent Status
Not in effectMost Recent Action
December 27, 2024 Action: Modified Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear ReviewMarch 29, 2022Acted on by Biden Administration
December 18, 2024Acted on by Biden Administration
December 27, 2024Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
- February 13, 2017 USCIS raises standard for initial credible fear and reasonable fear interviews
- July 9, 2019 Asylum seekers given less time to prepare for credible fear interviews
- October 7, 2019 DHS begins implementing the Prompt Asylum Claim Review program
- November 6, 2019 DHS begins implementing the Humanitarian Asylum Review Program
- October 21, 2020 EOIR and USCIS issue final rule expanding criminal bars to asylum and limiting review of discretionary denials of asylum
- December 11, 2020 EOIR Director instructs IJs and BIA on significant asylum reg
- December 16, 2020 EOIR imposes tougher procedures for asylum and withholding of removal
- December 23, 2020 EOIR and USCIS issue communicable-disease security bars to asylum and withholding eligibility
Pre Trump-Era Policies
- March 5, 2003 8 C.F.R. 1208
- August 29, 2011 8 C.F.R. 208
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
Immigration Impact: What You Need to Know About Trump’s Proposal to Eliminate the US Asylum System
Go to article2020.07.15 HRF Asylum Regulation Comment
Go to articleImmigration Impact - Trump’s ‘Death to Asylum’ Rule Will Go Into Effect Days Before He Leaves Office
Go to articleFederal Judge Blocks Trump Administration’s Proposed Asylum Restrictions.
Go to article