The Department of Homeland Security (DHS) and Department of Justice (DOJ) have released an interim final rule to go into effect on May 31, 2022. The “Asylum Officer Rule” revises the procedures applicable to certain applications for asylum, statutory withholding of removal, and protection under the Convention Against Torture (CAT).
Key Highlights
Under the interim final rule:
- USCIS asylum officers can adjudicate asylum applications of individuals who receive a positive credible fear determination after they are placed into expedited removal proceedings;
- Individuals who are not granted asylum by USCIS are placed into streamlined proceedings under section 240 of the INA before an immigration judge for consideration of their asylum, statutory withholding of removal, and CAT protection claims;
- The longstanding “significant possibility” standard in screenings for statutory withholding of removal and CAT protection claims returns; and
- With limited exceptions, returns to longstanding regulations to screen for eligibility for asylum and statutory withholding of removal without applying bars to asylum and withholding of removal in the credible fear screening process.
Who is Affected by the Rule?
- The rule applies only to adults and families placed into expedited removal proceedings after May 31, 2022
- The rule does not apply to unaccompanied children, who are statutorily exempt from being placed into expedited removal proceedings.
- The rule will be implemented in phases, starting with a limited number of asylum seekers, then expanding as U.S. Citizenship and Immigration Services (USCIS) gains resources and builds capacity.
Erickson Insights
According to the agencies, the rule is a step forward in the administration’s ongoing commitment to achieving a fair, orderly, and humane immigration system. More information is available on the Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page and the Credible Fear Screenings and Questions and Answers: Credible Fear Screening pages.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.