Border Patrol agents will conduct and decide credible fear claims

Original Date Announced
May 2, 2019
Initially reported and subsequently confirmed, Border Patrol personnel, trained by USCIS officers, will conduct "credible fear" interviews and decide credible fear claims.
[ID #79]
Trump administration to give Border Patrol agents authority to decide asylum claims on the spot Memorandum of Agreement Between CBP and USCIS regarding Credible Fear for USBP
Subsequent Trump-Era and Court Action(s)
- August 31, 2020
  A.B.-B. v. Morgan, No. 1-20-cv-00846-RJL, Doc. 33 (D.D.C. Aug. 31, 2020)
  
  Federal district court preliminary injunction prohibits the deportation of families and the use of Customs and Border Protection (CBP) agents and officers to screen asylum seekers for their ‘credible fear’ of persecution while a lawsuit remains pending.
  On October 28, 2020, the district court granted defendants' first unopposed motion for extension of time to file a response. Subsequent unopposed motions were granted. On October 5, 2022, the district court granted the parties' joint motion to stay proceedings and ordered the parties to file joint status reports at least every 180 days.
  
  Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.
  View Document

Not in effect

Status: Final/Actual In Litigation Enjoined/Vacated

Trump Administration Action: Change in Practice

Subject Matter: Border Asylum, Withholding and CAT

Agencies Affected: CBP USCIS

Associated or Derivative Policies

Under “expedited removal” process, immigration officers can summarily order the deportation of certain noncitizens without a immigration court adjudication, subject to a credible fear interview. Persons asserting fear of return are referred to a USCIS Asylum Officer for a determination of whether their fear is "credible". [8 CFR 208.30]
8 CFR 208.30

Asylum Officers Are Being Replaced by CBP Agents
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2019.11.06 Buzzfeed on USBP CFIs

Buzzfeed report finding that "[s]ince Border Patrol agents started conducting initial asylum screenings in June, they have approved fewer than half of the nearly 2,000 screenings they have completed, marking a steep drop from the usual rate of approvals done by asylum officers."
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Tahirih Justice Center, VICTORY IN LAWSUIT CHALLENGING THE USE OF CBP TO CONDUCT CREDIBLE FEAR INTERVIEWS

Tahirih Statement about preliminary injunction.
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