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Original Date Announced
December 4, 2020Through Policy Memo 21-06, the EOIR Director rescinds OPPM 00-01 (Asylum Request Processing) and OPPM 13-02 (The Asylum Clock), but claims to retain their core principles. The memo:
- Directs courts not to accept an affirmative asylum application referred by USCIS unless it contains all the supporting documents.
- Reiterates that defensive asylum applications need no longer be filed in person during a hearing, but also stresses new rules regarding the filing of incomplete applications.
- Reiterates the new rules for adjudicating asylum claims within 180 days and directing immigration judges to stop the asylum clock only when there are exceptional circumstances. It also discusses the circumstances under which the clock stops permanently (an untimely filed application with no applicable exception to the deadline, a withdrawn application, an application IJ deems abandoned, and an application IJ grants or denies).
- States that EOIR "houses" the employment authorization (EAD) clock for the convenience of USCIS and does so through adjournment codes. The memo expressly prohibits judges from inquiring whether the respondent wants an expedited hearing date for purposes of the EAD clock.
- Directs IJs to identify clearly the exceptional circumstances that warrant continuing an asylum case, reinforcing that "intentional or repeated negligent use of an incorrect code" may result in "corrective action" for the judge.
- Observes that the regulations do not require an IJ to postpone a case where the respondent has failed to provide biometrics or biographical information, even if respondent demonstrates good cause.
- Restates the rules for proper NTA filings by USCIS.
- Discusses IJ requests for Department of State comments on individual cases.
- States that the filing of an I-589 application for withholding of removal or CAT relief, but not asylum, will start neither the asylum clock nor the EAD clock.
- Specifies that the asylum clock does not run after the judge enters a decision on the application. It does not run while the case is on appeal before the BIA, nor if the case is remanded by the BIA.
[ID #1226]
PM 21-06: Asylum ProcessingEffective Date
December 4, 2020Subsequent Trump-Era and Court Action(s)
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June 9, 2022
Garcia Perez Complaint
Putative nationwide class action brought by the National Immigration Litigation Alliance (NILA) and Northwest Immigrant Rights Project (NWIRP) challenging policies and practices of USCIS and EOIR that prevent asylum seekers from obtaining work authorization. The lawsuit challenges EOIR’s and USCIS’ failure to provide adequate notice of adverse “asylum EAD clock” determinations or a viable mechanism to challenge these determinations as well as clock stoppages when an asylum applicant wins their case on appeal, files a change of venue, or when an unaccompanied child is waiting for USCIS to adjudicate their asylum application in the first instance.
**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: Revoked/Replaced
April 18, 20222022.04.18 EOIR DM 22-05.pdf
On April 18, 2022, EOIR Director David Neal issued a Director's Memorandum rescinding the Trump-era memo mentioned in this entry.
View DocumentCurrent Status
Not in effectMost Recent Action
April 18, 2022 Action: Revoked/Replaced 2022.04.18 EOIR DM 22-05.pdfApril 18, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- November 19, 2018 EOIR Director orders IJs to adjudicate asylum claims within 180 days
- December 21, 2018 EOIR issues guidance on Pereira v. Sessions, announcing changes in NTA filings and case scheduling
- February 13, 2020 EOIR Director modifies adjournment, call up, and case identification codes
- November 6, 2020 EOIR rescinds OPPMs based on ABT settlement agreement
Pre Trump-Era Policies
- August 4, 2000 OPPM 00-01: Asylum Request Processing
- December 2, 2013 OPPM 13-02: The Asylum Clock
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
PM 21-06: Asylum Processing
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Prior Policy
Original Source:
OPPM 00-01: Asylum Request Processing
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Prior Policy
Original Source:
OPPM 13-02: The Asylum Clock
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Subsequent Action
Original Source:
Garcia Perez v. USCIS (No. 2:22-cv-00806, W.D. Wash.)