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DHS begins implementing the Humanitarian Asylum Review Program

  1. Original Date Announced

    November 6, 2019

    Starting 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 instead of transfers to ICE custody, effectively blocking access to attorneys in preparing for and attending their credible/reasonable fear interviews. [ID #115]

    Buzzfeed News: The Trump Administration Launched A Secretive Program To More Quickly Deport Mexican Asylum-Seekers Buzzfeed News: Under Trump’s New Project, Border Patrol Agents Have Approved Fewer Than Half Of Asylum Screenings
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  3. Biden Administration Action: Revoked/Replaced

    February 2, 2021

    Executive Order 14010 Ceasing Implementation of HARP/PACR

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On Feb. 2, 2021, the Biden administration issued an executive order directing reviews of many asylum policies, including a directive to “cease implementing” and “consider rescinding” the “Prompt Asylum Claim Review” and “Humanitarian Asylum Review Process” (PACR/HARP) policy.

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  4. Biden Administration Action: Modified

    March 29, 2022

    2022.03.29 Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On March 29, 2022, DHS and DOJ issued a joint IFR on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22. The IFR states that DHS and DOJ are soliciting further public comment until 5/31/22; they will be considered and addressed in a final rule. Comments on proposed revisions to the Form I-765 instructions are also invited.

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Current Status

Not in effect
February 2, 2021
Acted on by Biden Administration
March 29, 2022
Acted on by Biden Administration

Original Trump Policy Status

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

Associated or Derivative Policies

Pre Trump-Era Policies

  • Until recently, individuals apprehended at or near the border by CBP were either released with notices to appear for removal proceedings or transferred to ICE jails. Those detained by ICE had access to telephones and the ability to meet with attorneys and others to prepare for an initial fear screening and possible review by an immigration judge.

Commentary

  • MPI |Interlocking Set of Trump Administration Policies at the US-Mexico Border

    Go to article
  • Fast-Track Asylum Found to Have Left Hundreds in Limbo

    Go to article
  • 2021.01.29 DHS Botched Fast-Track Asylum Programs, Watchdog Says

    For the OIG report, see https://www.oig.dhs.gov/sites/default/files/assets/2021-01/OIG-21-16-Jan21.pdf

    Go to article

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