Original Date AnnouncedSeptember 30, 2019
The new policy guidance explains the effect of Matter of L-E-A-, which declined to recognize nuclear families as a particular social group. The policy instructs that asylum officers "should no longer recognize family-based particular social groups based only on the general significance of family relationships in the society in question, or the sole fact that a particular family has been the target of private criminal activity." Instead, officers “must be careful to focus on the particular social group as it is defined by the applicant and ask whether that group is distinct in the society in question." To qualify as a particular social group, a specific family must be distinct from society in a "significant" way. [ID #108]Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with *Matter of L-E-A*
Effective DateSeptember 30, 2019
Biden Administration Action: Revoked/ReplacedMay 14, 2021
Revocation of Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A
This Biden administration action revokes in its entirety the Trump-era policy identified in this entry.
USCIS added a note to this guidance memorandum noting that it is revoked as of May 14, 2021, and that the underlying Attorney General decision was vacated in its entirety on June 16, 2021. The notice remains on the USCIS website for historical purposes.View Document