USCIS and EOIR Notice of Proposed Rulemaking on Consideration of Protection Claims by Asylum Officers and Credible Fear Screening
USCIS and EOIR notice of proposed rulemaking (NPRM) under which claims for asylum, statutory withholding of removal, and CAT protection raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture would be initially adjudicated by a USCIS asylum officer. In addition, the government would return to the regulatory framework governing the credible fear screening process in place before various regulatory changes made from the end of 2018 through the end of 2020, so as to apply once more the longstanding “significant possibility” screening standard to all protection claims, but not to apply the mandatory bars to asylum and withholding of removal (with limited exception) at this initial screening stage. Comments are due 10/19/21. (86 FR 46906, 8/20/21)
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 208 and 235
[CIS No. 2692–21; DHS Docket No. USCIS– 2021–0012]
RIN 1615–AC67
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Parts 1003, 1208, and 1235
[A.G. Order No. 5116–2021]
RIN 1125–AB20
Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
AGENCY: Executive Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Notice of proposed rulemaking
Related Resources
- Correction of Minor Error in NPRM on Consideration of Protection Claims by Asylum Officers and Credible Fear Screening (86 FR 57611, 10/18/21)
- Featured Issue: Border Processing and Asylum
- DHS Press Release: DHS and DOJ Publish Notice of Proposed Rulemaking to Make Asylum Process More Efficient and Ensure Fairness - August 18, 2021
- Buzzfeed: Biden Issued a New Policy that Would Reshape How Asylum Seekers Are Processed at the Border