USCIS issues guidance to asylum officers implementing asylum ban proclamation and regulation

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Original Date Announced
November 9, 2018
Following the DOJ-DHS joint interim final rule (83 Fed. Reg. 55,934), USCIS officers are to make an initial inquiry as to whether an asylum-seeker crossed the southern U.S. border after the date of the Nov. 9, 2018 Presidential Proclamation, make a negative credible fear determination if officers finds the applicant contravenes the Proclamation, and then apply the higher reasonable fear standard (for CAT and withholding of removal) to the applicant.
[ID #60]
USCIS Policy Memorandum (PM-602-0166): Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations: Procedures for Protection Claims
Effective Date
November 9, 2018
Subsequent Trump and Court Action
December 19, 2018
East Bay Sanctuary Covenant Order Granting Preliminary Injunction

Federal District Court grants a preliminary injunction.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Subsequent Trump and Court Action
February 28, 2020
East Bay Sanctuary Covenant Opinion

The Ninth Circuit upholds the preliminary injunction on February 28, 2020. A subsequent petition for en banc review was denied.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Not in effect

Status: Final/Actual In Litigation Enjoined/Vacated

Trump Administration Action: Agency Directive

Subject Matter: Asylum, Withholding and CAT Border

Agencies Affected: USCIS

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