Original Date AnnouncedDecember 11, 2020
EOIR/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; channelling 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 Rule
Effective DateJanuary 11, 2020
Subsequent Trump-Era and Court Action(s)
January 8, 2021
Preliminary Injunction - Jan. 8, 2021
In Pangea Legal Services v. DHS, N.D. Cal. No. 3:20-cv-9253 and Human Rights First v. Wolf, D.D.C. 1:20-cv-3764., 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.**View Document
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.View Document
Biden Administration Action: ModifiedMarch 29, 2022
2022.03.29 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.View Document