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

  1. Date Announced

    Dec. 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 Secretary Wolf, and by AG Barr.

    [ID #982]

    View Policy Document
  2. Effective Date of Change

    Jan. 11, 2020
  3. Subsequent Action

    January 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 District Court of 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.**

    Preliminary Injunction - Jan. 8, 2021
  4. Subsequent Action

    January 11, 2021

    DHS issues a technical correction to the rule.

    Correction to Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review

Commentary

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

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HRF - Human Rights First’s Comment in Response to Proposed Rulemaking: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review

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

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Federal Judge Blocks Trump Administration’s Proposed Asylum Restrictions.

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