Original Date AnnouncedMay 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]Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children
Effective DateJune 30, 2019
Subsequent Trump-Era and Court Action(s)
August 2, 2019
J.O.P. v. DHS Memorandum Opinion
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.
On Dec. 21, 2020, the court issued an order certifying a class and amending the injunction. The policy remains enjoined.View Document