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

  1. Original Date Announced

    November 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 jurisdiction to review any asylum eligibility determination by DHS pursuant to a bilateral or multilateral agreement with a third country.

    [ID #226]

    Guidelines Regarding New Regulations Providing for the Implementation of Asylum Cooperative Agreements
  2. Effective Date

    November 19, 2019
  4. Biden Administration Action: Revoked/Replaced

    May 14, 2021

    5.14.21 Rescission on PM 20-04

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On May 14, 2021, EOIR issued Policy Memo 21-21, rescinding and cancelling policy memo 20-04.

    View Document

Current Status

Not in effect
May 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: USCIS EOIR ICE

Pre Trump-Era Policies

  • January 1, 2012

    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)


  • CRS | Safe Third Country Agreements with Northern Triangle Countries

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