EOIR memorializes policy regarding joint rule on the implementation of Asylum Cooperative Agreements

Date Announced
Nov. 19, 2019
EOIR Policy Memo 20-04 establishes guidelines regarding new regulations for the implementation of Asylum Cooperative Agreements (ACAs), including that an immigration judge has no jurisdiciton to review any asylum eligibility determination by DHS pursuant to a bilateral or multilateral agreement with a third country.
[ID #226]
View Policy Document
Effective Date of Change
Nov. 19, 2019
Subsequent Action
January 15, 2020
On January 15, 2020, the ACLU, National Immigrant Justice Center (NIJC), Center for Gender & Refugee Studies, and Human Rights First filed a new lawsuit challenging the Trump administration’s policies that are resulting in asylum-seekers being sent to so-called “safe” third countries to apply for asylum rather than being allowed to file asylum claims in the U.S. See U.T. v. Barr (D.D.C.1:20-cv-00116). Cross motions for summary judgment remain pending with the court as of Oct. 26, 2020. For more information, see the U.T. v. Barr page at the Civil Rights Litigation Clearinghouse.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
U.T. v. Barr - Civil Rights Litigation Clearinghouse

Status: Final/Actual In Litigation

Type of Action: Agency Directive

Subject Matter: Asylum, Withholding and CAT Border Hearings and Adjudications

Agencies Affected: ICE USCIS EOIR

Prior Policies

The joint interim final rule amends 8 C.F.R. § 208.30 by adding a new paragraph which requires an asylum officer, in an appropriate case, to make several threshold screening determinations before assessing the substance of an individual's claim for protection. The asylum officer must determine whether the individual: is subject to one or more ACAs; falls within any exception to the applicable ACAs; and would more likely than not be persecuted on account of a protected asylum ground or tortured in the receiving country. If the asylum officer determines that the individual is not subject to an ACA; falls within an exception to each applicable ACA, or would more likely than not be persecuted on account of a protected ground or tortured in each of the prospective receiving countries, then the asylum officer will assess the merits of the credible fear claim as usual.
8 CFR 208.30 (2012)