![]() ![]() USCIS also may reconsider, in its discretion, a negative credible fear determination that an IJ has already concurred with, if the request is submitted within seven days of the IJ’s concurrence or before removal, whichever comes first. If the credible fear interview results in a negative determination, the individual can request IJ review of the decision, consistent with current procedure. DHS and DOJ are working to provide individuals with an opportunity to access Legal Orientation Program providers before their credible fear interview. Placement into Expedited Removal: Individuals encountered at the border by Customs and Border Protection (CBP) who are placed into expedited removal and who claim fear will be transferred to ICE detention, consistent with current procedure.Ĭredible Fear Interview: Individuals will receive their credible fear interview while in detention, consistent with current procedure. Processingīelow is a step-by-step description of how the process will work during the phased implementation period: Initially, referrals for AMIs will be limited to those individuals who indicate to USCIS and Immigration and Customs Enforcement (ICE) an intention of residing in one of the following six cities: Boston, Los Angeles, Miami, New York, Newark, or San Francisco. Asylum officers will conduct credible fear interviews telephonically in these two locations, including for individuals who may be subsequently referred to USCIS for an AMI following a positive credible fear determination. The first locations for placement under this process will be two detention facilities in Texas. Starting May 31, DHS will aim to refer approximately a few hundred noncitizens each month to USCIS for an Asylum Merits Interview (AMI) following a positive credible fear determination. ![]() Implementation will take place in a phased manner, beginning with a small number of individuals and will grow as USCIS builds operational capacity over time. Specifically, as noted in the IFR, the rule “applies prospectively and only to adults and families who are placed in expedited removal proceedings and indicate an intention to apply for asylum, a fear of persecution or torture, or a fear of return to their home country, after the rule’s effective date.” The rule does not apply to unaccompanied children. Only individuals who are placed into expedited removal proceedings after May 31, 2022, are potentially subject to the new process. Individuals who qualify for asylum will receive protection more swiftly, and those who are not eligible will be promptly removed rather than remaining in the U.S. Through a gradual process, and when fully implemented, the rule will shorten the administrative process from several years to several months. Currently, such cases are decided by immigration judges (IJs) within the Department of Justice’s (DOJ’s) Executive Office for Immigration Review (EOIR).ĭue to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. Citizenship and Immigration Services (USCIS) to consider the asylum applications of certain individuals subject to expedited removal who establish a fear of persecution or torture during their required credible fear screening. The March 2022 interim final rule (IFR) titled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers” (sometimes referred to as the Asylum Officer Rule) authorizes U.S. By establishing a process for the efficient and thorough review of asylum claims, the new rule will help reduce existing immigration court backlogs and will shorten the process to several months. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. On May 31, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) began implementing a rule to ensure that those subject to expedited removal who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. ![]()
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