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Original Date Announced
July 15, 2019ICE issues interim guidance after Attorney General's Decision of Matter of M-S- stating that all noncitizens subject to expedited removal may only be released from custody on discretionary parole authorized by ICE's Enforcement & Removal Operations (ERO). [ID #88]
ICE ERO Interim Guidance for Implentation of Matter of M-SEffective Date
July 15, 2019Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT DetentionAgencies Affected: ICEAssociated or Derivative Policies
Pre Trump-Era Policies
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July 15, 2019
After Matter of M-S, asylum seekers in expedited removal proceedings who have established a credible fear of persecution or torture are no longer eligible for release on bond, and will be detained until the disposition of their case. This decision by Attorney General Barr overules Matter of X-K-, a 14-year-old BIA precedent. It does not affect migrants who apply for asylum at a port of entry, but instead those who are apprehended after crossing into the United States without authorization.
*Matter of X-K-,* 23 I&N Dec. 731 (BIA 2005)