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Border Patrol agents will conduct and decide credible fear claims

  1. 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]

    View Policy Document
  2.  

  3. Subsequent Action

    August 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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    A.B.-B. v. Morgan, No. 1-20-cv-00846-RJL, Doc. 33 (D.D.C. Aug. 31, 2020)

  4. Subsequent Action

    December 8, 2020

    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.**

    I.M. v. CBP (D.D.C.)
Status: Final/Actual In Litigation Enjoined
Type of Action: Change in Practice
Subject Matter: Border Asylum, Withholding and CAT
Agencies Affected: CBP USCIS

Prior 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

Subsequent Actions

  1. Associated or Derivative Policies

    1. July 23, 2019

      DHS designates new categories of migrants for expanded expedited removal to cover persons inside the US more than 100 miles from border

    2. Oct. 21, 2020

      ICE implements expanded scope for expedited removal

Commentary

Asylum Officers Are Being Replaced by CBP Agents

Go to article

Victory in Lawsuit Challenging the Use of Border Patrol to Conduct Credible Fear Interviews

Tahirih Statement about preliminary injunction.

Go to article

Documents

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