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Original Date Announced
July 9, 2019USCIS Acting Director Ken Cuccinelli reportedly releases a policy change internally reducing the time asylum officers have to wait after an immigrant is detained before conducting a credible fear interview from 48 hours to 1 calendar day.
[ID #93]
Immigrant Asylum-Seekers May Get Less Time To Prepare Their Cases Under A New Trump Administration RuleEffective Date
July 8, 2019Subsequent Trump and Court Action(s)
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March 1, 2020
L.M.M. v. Cuccinelli Decison
In a March 1, 2020 decision, Judge Randolph Moss (D.D.C.) held in L.M.-M. v. Cuccinelli that the policies issued by Acting USCIS Director Ken Cuccinelli are void because Cuccinelli’s appointment was not valid under the Federal Vacancies Reform Act. The decision specifically cites a July policy directive by Cuccinelli that reduced to one day the time an asylum officer had to wait before interviewing detained asylum-seekers to determine whether they have a “credible fear” of persecution. The government withdrew its appeal in August 2020.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Fully in EffectOriginal Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CATAgencies Affected: USCISPre Trump-Era Policies
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July 9, 2019
Previously, asylum seekers had at least 48 hours after their detention before the credible fear interview would be conducted.
USCIS Questions & Answers: Credible Fear Screening
Documents
Trump-Era Policy Documents
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Commentary
2023.05.11 Biden cuts time for migrants to get lawyers, echoing Trump policy as Title 42 expires
On May 10, 2023, USCIS sent a directive to asylum officers informing them that it was decreasing the amount of time asylum-seekers have to obtain a lawyer before their credible fear interview. The directive changed the minimum wait-time between when an asylum-seeker receives Form M-444, Information About Credible Fear Interview, and the credible fear interview, from 48 hours to 24 hours. According to The Los Angeles Times, "The directive also made clear that migrants who request to reschedule their initial interviews will need to 'demonstrate extraordinary circumstances' to do so."
This Biden action does not literally make the Cuccinelli policy directive effective, but because it effects a similar policy regarding expedited credible fear interviews the original policy is regarded as Fully In Effect.
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