EOIR and USCIS rulemaking notice proposes amending regulations on:
- Credible fear claims
- Applications for asylum
- Statutory withholding of removal
- Protection under the Convention Against Torture
To be published in the Fed Register on Monday.
cis.org/Arthur/Propose…
- Credible fear claims
- Applications for asylum
- Statutory withholding of removal
- Protection under the Convention Against Torture
To be published in the Fed Register on Monday.
cis.org/Arthur/Propose…
The notice runs 161 pages, but here are highlights of eight of the proposed changes:
1. Aliens subject to expedited removal and found by USCIS to have a credible/reasonable fear of persecution will be placed into "Asylum Only" or "Withholding Only" proceedings before imm court.
This will expedite valid claims, and quicker dismissal of non-meritorious ones.
This will expedite valid claims, and quicker dismissal of non-meritorious ones.
2. Would direct immigration judges to consider applicable precedent when reviewing negative credible fear and reasonable fear determinations. This is an unexceptional proposal that simply codifies current practice.
3. Raises the standard for USCIS asylum officers in adjudicating credible fear involving statutory withholding of removal under section 241(b)(3) of the INA and CAT from a "significant possibility" that the alien can establish eligibility to a "reasonable possibility".
4. Ensures aliens who are subject to expedited removal & claim fear will receive credible fear screenings.
Ensures officers consider aliens seeking credible fear can relocate safely within their own countries and if bars to asylum would prevent them from obtaining protection.
Ensures officers consider aliens seeking credible fear can relocate safely within their own countries and if bars to asylum would prevent them from obtaining protection.
5. Would change the definition of "frivolous application for asylum."
It also would give the authority for finding that an asylum application was frivolous to asylum officers, as well as immigration judges.
It also would give the authority for finding that an asylum application was frivolous to asylum officers, as well as immigration judges.
6. Would allow IJs to pretermit (dismiss) legally insufficient asylum, statutory withholding, & CAT claims without a full evidentiary hearing.
Would allow either DHS to request the IJ pretermit the application or the IJ could pretermit the application on his or her own motion.
Would allow either DHS to request the IJ pretermit the application or the IJ could pretermit the application on his or her own motion.
7. Would provide immigration judges and the BIA with bright-line rules to follow in assessing various issues that have complicated determinations in asylum, statutory withholding, and CAT cases.
8. Provides critical amendments to the current regulations governing non-disclosure of information that is provided by aliens in applications for asylum, credible fear, and reasonable fear.
The current reg inhibits investigations into asylum fraud.
The current reg inhibits investigations into asylum fraud.
These explanations have been truncated for twitter.
Please visit our blog on the subject for more details:
cis.org/Arthur/Propose…
Please visit our blog on the subject for more details:
cis.org/Arthur/Propose…
