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ICE interim guidance for implementation of Matter of M-S-

  1. Date Announced

    July 15, 2019

    ICE 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]

    View Policy Document
  2. Effective Date of Change

    July 15, 2019
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: ICE

Prior Policies

  • 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)

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