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

  1. Original Date Announced

    November 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]

    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 Claims
  2. Effective Date

    November 9, 2018


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