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

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Nov. 19, 2019
  3. 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
  4. Biden Administration Action

    May 14, 2021

    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 rescinding and cancelling policy memo 20-04.

    5.14.21 Rescission on PM 20-04
Type of Action: Agency Directive
Agencies Affected: USCIS EOIR ICE

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)

Subsequent Action

Biden Administration Action

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