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Border Patrol agents will conduct and decide credible fear claims

  1. 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

Current Status

Not in effect

Original Trump Policy Status

Trump Administration Action: Change in Practice
Agencies Affected: CBP USCIS

Pre Trump-Era 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

Commentary

  • Asylum Officers Are Being Replaced by CBP Agents

    Go to article
  • Tahirih Justice Center, VICTORY IN LAWSUIT CHALLENGING THE USE OF CBP TO CONDUCT CREDIBLE FEAR INTERVIEWS

    Tahirih Statement about preliminary injunction.

    Go to article

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