Skip to main content

USCIS updates procedures for unaccompanied children's asylum applications

  1. Date Announced

    May 31, 2019

    USCIS will make independent factual inquiries in all asylum applications made by unaccompanied children (UACs) to determine whether they meet the UAC definition on the date of filing. Officers will make this determination (which requires a finding that the applicant was under 18 and unaccompanied at the time of first filing) using records, documentary evidence, and oral testimony.

    [ID #80]

    View Policy Document
  2. Effective Date of Change

    June 30, 2019
  3. Subsequent Action

    August 2, 2019

    A district court judge in J.O.P. v. DHS, (8:19-cv-1944 (D. Md. Aug. 2, 2019)) issued temporary restraining order enjoining implementation of the policy. USCIS is barred from “rejecting jurisdiction over the application of any UAC… whose application would have been accepted under” the Kim Memo. USCIS must retract decisions already made. USCIS must “retract any adverse decision already rendered” under the new policy “and reinstate consideration of such case applying the [Kim Memo].” Litigation continues with Judge George Hazel on June 3, 2020 denying the government's motion to dismiss/motion for summary judgment.

    J.O.P. v. DHS Memorandum Opinion
Type of Action: Change in Practice
Agencies Affected: USCIS

Prior Policies

Subsequent Action

Other Documents

  1. Associated or Derivative Policies

Commentary

Please sign in to send feedback.