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Original Date Announced
November 19, 2019EOIR 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 AgreementsEffective Date
November 19, 2019Subsequent Trump-Era and Court Action(s)
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January 15, 2020
U.T. v. Barr - Civil Rights Litigation Clearinghouse
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.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/Replaced
May 14, 20215.14.21 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 DocumentCurrent Status
Not in effectMay 14, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT Border Hearings and AdjudicationsAssociated or Derivative Policies
Pre Trump-Era Policies
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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)
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
8 CFR 208.30 (2012)
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Commentary
Commentary
CRS | Safe Third Country Agreements with Northern Triangle Countries
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