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EOIR and DHS issue final rule significantly restricting asylum, withholding of removal, and CAT protections

  1. Original Date Announced

    December 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
  2. Effective Date

    January 11, 2020
  3.  
  4. Biden Administration Action: Modified

    March 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

Current Status

Not in effect
March 29, 2022
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: CBP USCIS EOIR

Pre Trump-Era Policies

Commentary

  • Immigration Impact: What You Need to Know About Trump’s Proposal to Eliminate the US Asylum System

    Go to article
  • 2020.07.15 HRF Asylum Regulation Comment

    Go to article
  • Immigration Impact - Trump’s ‘Death to Asylum’ Rule Will Go Into Effect Days Before He Leaves Office

    Go to article
  • Federal Judge Blocks Trump Administration’s Proposed Asylum Restrictions.

    Go to article on wsj.com

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