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DHS begins implementing the Humanitarian Asylum Review Program

  1. Date Announced

    Nov. 6, 2019

    Having begun as a pilot program in El Paso, TX and later expanded across the southwest border, the Humanitarian Asylum Review Program (HARP) is designed to hasten the removal of Mexicans seeking asylum or other humanitarian protection. Individuals remain in CBP custody rather than being transferred to ICE custody, effectively blocking their access to attorneys in preparing for and attending their credible fear interviews. [ID #115]

    View Policy Document View Policy Document
  2.  

  3. Subsequent Action

    December 6, 2019

    ACLU files suit in D.D.C. challenging PACR and HARP. See Las Americas Immigrant Advocacy Center v. Wolf (D.D.C. 1:19-cv-03640). Judge requests briefing on whether decision in L.M.-M. v. Cuccinelli (D.D.C., 1:19-cv-02676), blocking reduction of time for CFI prep, makes this case moot. Plaintiffs argue that PACR/HARP programs are distinct and should be enjoined. Decision pending as of 10/27/20.

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

    ACLU Files Lawsuits Challenging Programs that Rush Migrants Through Asylum Screenings Without Access to Attorneys in Border Patrol Facilities

  4. Subsequent Action

    January 24, 2020 The Homeland Security Inspector General Is Reviewing Two Controversial Trump Administration Immigration Programs

  5. Subsequent Action

    February 26, 2020 CQ Roll Call: DHS expands programs that fast-track asylum process
Status: Final/Actual In Litigation
Type of Action: Change in Practice
Subject Matter: Asylum, Withholding and CAT Border Hearings and Adjudications
Agencies Affected: USCIS CBP EOIR

Prior Policies

  • Until recently, individuals apprehended on the border by CBP were either released with notices to appear for removal proceedings or transferred to ICE detention centers. Those detained by ICE had access to telephones and the ability to meet with attorneys and other individuals to prepare for an initial asylum screening and review by an immigration judge.

Subsequent Actions

  1. Associated or Derivative Policies

    1. Oct. 7, 2019

      DHS begins implementing the Prompt Asylum Claim Review program

Commentary

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Fast-Track Asylum Found To Have Left Hundreds In Limbo

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DHS Botched Fast-Track Asylum Programs, Watchdog Says

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Documents

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