Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Comments on the proposed rule are due 7/15/20 and comments on proposed form changes are due 8/14/20. (85 FR 36264, 6/15/20)
DOJ and DHS propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal, or protection under the CAT adjudicated by an immigration judge in streamlined proceedings rather than in proceedings under INA §240, and to specify what standard of review applies in such streamlined proceedings. The departments further propose changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The departments also propose amendments related to the standards for adjudication of applications for asylum and statutory withholding.
Related Resources
- Joint EOIR and USCIS Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection (85 FR 80274, 12/11/20)
- DOJ Press Release - June 10, 2020
- AILA: Proposed Rule Would Deny Asylum Seekers Fundamental Human Rights
- AILA Submits Comments Opposing EOIR’s Proposed Revision to the Application for Asylum and for Withholding of Removal
- AILA, the Council, and the Justice Campaign Submit Comments Opposing Proposed Asylum Rule
- The Roundtable of Former Immigration Judges Submits Comment on Proposed Plans to End Asylum
- The New York Times: Asylum Officers Condemn What They Call "Draconian" Plans by Trump - July 15, 2020
- American Immigration Council Fact Sheet: Asylum in the United States
- Featured Issue: Border Processing and Asylum
- I-589, Table of Changes - Instructions
- I-589, Instructions
- I-589, Table of Changes - Form
- I-589, Form