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Original Date Announced
May 2, 2019Initially 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 spotSubsequent Trump-Era and Court Action(s)
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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 to screen asylum seekers for their ‘credible fear’ of persecution while a lawsuit remains pending.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 8, 2020
I.M. v. CBP (D.D.C.)
Democracy Forward, the National Immigrant Justice Center, and Latham & Watkins LLP filed lawsuit alleging that “removal orders issued by unappointed CBP agents violate the Constitution’s Appointments Clause, which requires that government officials who exercise “significant authority” be appointed to their positions by the president or cabinet secretaries in order to ensure public oversight and accountability.”
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Current Status
Not in effectOriginal Trump Policy Status
Trump Administration Action: Change in PracticeSubject Matter: Border Asylum, Withholding and CATAssociated or Derivative Policies
Pre Trump-Era Policies
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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 articleTahirih Justice Center, VICTORY IN LAWSUIT CHALLENGING THE USE OF CBP TO CONDUCT CREDIBLE FEAR INTERVIEWS
Tahirih Statement about preliminary injunction.
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