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Original Date Announced
November 6, 2019Starting 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 ScreeningsSubsequent Trump-Era and Court Action(s)
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December 6, 2019
ACLU Files Lawsuits Challenging Programs that Rush Migrants Through Asylum Screenings Without Access to Attorneys in Border Patrol Facilities
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 Ketanji Brown Jackson 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. The court granted defendants' motion for summary judgment on Nov. 30, 2020 (appeal to D.C. Circuit filed, No. 20-5386). The case was reassigned to Judge Jia Cobb and plaintiffs' motion for reconsideration is pending as of May 2022.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
January 24, 2020
The Homeland Security Inspector General Is Reviewing Two Controversial Trump Administration Immigration Programs
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February 26, 2020
CQ Roll Call: DHS expands programs that fast-track asylum process
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Biden Administration Action: Revoked/Replaced
February 2, 2021Executive 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.
View DocumentBiden Administration Action: Modified
March 29, 20222022.03.29 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.
View DocumentCurrent Status
Not in effectFebruary 2, 2021Acted on by Biden Administration
March 29, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CAT Border Hearings and AdjudicationsAssociated or Derivative Policies
- October 7, 2019 DHS begins implementing the Prompt Asylum Claim Review program
Pre Trump-Era Policies
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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.
Documents
Trump-Era Policy Documents
- New Policy
- New Policy
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Subsequent Action
Original Source:
ACLU suit challenging HARP/PACR
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Subsequent Action
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Subsequent Action
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Commentary
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Commentary
Original Source:
Fast-Track Asylum Found To Have Left Hundreds In Limbo
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Commentary
Original Source:
DHS Botched Fast-Track Asylum Programs, Watchdog Says
Commentary
MPI |Interlocking Set of Trump Administration Policies at the US-Mexico Border
Go to articleFast-Track Asylum Found to Have Left Hundreds in Limbo
Go to article2021.01.29 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
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