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EOIR issues guidance for implementing Mendez Rojas settlement on recent border crossers and one-year asylum deadline

  1. Original Date Announced

    November 5, 2020

    EOIR issues a policy memo to provide guidance on determining membership in the Mendez Rojas class, the burden of proof required for showing class membership, and the procedural mechanisms for filing Form I-589 subsequent to the settlement.

    The Mendez Rojas settlement provides redress for certain individuals who were (i) found to have a credible fear of persecution or have expressed a fear of return to their country of origin and (ii) were not informed of the one-year filing deadline for asylum applications. The settlement agreement allows class members to file a Form I-589 within 60 days of the final approval of the settlement agreement.

    A copy of the settlement agreement is attached to the memo.

    [ID# 1137]

    Guidelines for the Implementation of the Settlement Agreement in Mendez Rojas v. Wolf
  2. Effective Date

    November 5, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: EOIR USCIS DHS


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