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Original Date Announced
November 9, 2018Following 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]
USCIS Policy Memorandum (PM-602-0166): Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations: Procedures for Protection ClaimsEffective Date
November 9, 2018Subsequent Trump-Era and Court Action(s)
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December 19, 2018
East Bay Sanctuary Covenant Order Granting Preliminary Injunction
Federal District Court grants a preliminary injunction.
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February 28, 2020
East Bay Sanctuary Covenant Opinion
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.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Not in effectOriginal Trump Policy Status
Trump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT BorderAgencies Affected: USCISAssociated or Derivative Policies