DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection

DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The final rule adopts the notice of proposed rulemaking published at 85 FR 36264 on 6/15/20 with few substantive changes. The rule is effective 1/11/21. (85 FR 80274, 12/11/20)

DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 208 and 235

RIN 1615–AC42

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1003, 1208, and 1235

[EOIR Docket No. 18–0102; A.G. Order No. 4922–2020]

RIN 1125–AA94

Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review

AGENCY: Department of Homeland Security; Executive Office for Immigration Review, Department of Justice.

ACTION: Final rule.

Related Resources

• District Court Issues Nationwide Preliminary Injunction Against New Asylum Regulations (Pangea Legal Services, et al. v. DHS, et al., 1/8/21)
• Immigration Impact: ‘Death to Asylum’ Rule Halted in the Last Days of the Trump Administration – January 14, 2021
• Minor Correction to DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection (86 FR 1737, 1/11/21)
• AILA Press Statement: New Rule Spells Death for the Asylum System - AILA and the Council Urge the Biden Administration to Prioritize Its Undoing - December 10, 2020
• EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
• DOJ Press Release: The Departments of Justice and Homeland Security Publish Final Rule on Procedures for Asylum and Withholding of Removal – December 10, 2020
• Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection (85 FR 36264, 6/15/20)