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Original Date Announced
December 11, 2020In Policy Memo 21-09, the EOIR Director provides "an overview and summary" of the recently finalized rule revising standards and procedures for asylum, withholding of removal, Convention Against Torture relief, credible fear, and reasonable fear. Among the many points made about the new regulations:
- The standard of proof for withholding of removal and CAT claims in expedited removal is raised from "significant possibility" of harm to "reasonable possibility."
- Asylum officers must consider internal relocation and mandatory asylum bars during credible fear screenings.
- An immigration judge should consider only the law of the applicable circuit when reviewing an asylum officer's negative fear determination and not the precedents of all circuit courts.
- The definition of "frivolous" has been revised and expanded, and asylum officers are empowered to make frivolousness findings.
- Immigration Judges may now pretermit an asylum application, sua sponte or upon a DHS motion, if the judge finds the applicant did not make a prima facie claim.
- Several critical legal definitions and standards are changed, including membership in a particular social group, political opinion, persecution, nexus, internal relocation, firm resettlement, public officials acting under the color of law, evidence based on stereotypes, and the exercise of discretion.
- Information on applications for protection may now be disclosed in a number of immigration enforcement or criminal law enforcement scenarios.
[ID #1241]
PM 21-09 Guidance Regarding New Regulations Governing Procedures For Asylum And Withholding Of Removal And Credible Fear And Reasonable Fear ReviewsEffective Date
January 11, 2021Biden Administration Action: Revoked/Replaced
May 14, 20215.14.2021 Rescission of PM 21-09
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On May 14, 2021, EOIR issued this Policy Memo 21-22, rescinding and cancelling Policy Memo 21-09.
View DocumentBiden 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.
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 DocumentCurrent Status
Partially in effectMost Recent Action
December 18, 2024 Action: Modified 2024.12.18 Application of Certain Mandatory Bars in Fear ScreeningsMay 14, 2021Acted on by Biden Administration
March 29, 2022Acted on by Biden Administration
December 18, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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