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USCIS issues guidance to asylum officers implementing asylum ban proclamation and regulation

  1. Date Announced

    Nov. 9, 2018

    Following the DOJ-DHS joint interim final rule (83 Fed. Reg. 55,934), USCIS officers are to make an initial inquiry as to whether an asylum-seeker crossed the southern U.S. border after the date of the Nov. 9, 2018 Presidential Proclamation, make a negative credible fear determination if officers finds the applicant contravenes the Proclamation, and then apply the higher reasonable fear standard (for CAT and withholding of removal) to the applicant.

    [ID #60]

    View Policy Document
  2. Effective Date of Change

    Nov. 9, 2018
  3. Subsequent Action

    December 19, 2018

    Federal District Court grants a preliminary injunction.

    East Bay Sanctuary Covenant Order Granting Preliminary Injunction
  4. Subsequent Action

    February 28, 2020

    The Ninth Circuit upholds the preliminary injunction on February 28, 2020. The government's petition for rehearing en banc is pending at the Ninth Circuit as of 10/24/20.

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

    East Bay Sanctuary Covenant Opinion

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