Executive Office for Immigration Review January 2021 – Federal Register Recent Federal Regulation Documents
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Security Bars and Processing; Delay of Effective Date
On December 23, 2020, DHS and DOJ (collectively, ``the Departments'') published a final rule to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompass certain emergency public health concerns and make certain other changes. The Departments are delaying the rule's effective date for 60 days.
Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
The Department of Justice is correcting a final rule that appeared in the Federal Register on December 11, 2020. That document amended Department of Homeland Security and Department of Justice (``the Departments'') regulations governing credible fear determinations. Individuals found to have a credible fear will have their claims for asylum, withholding of removal under Immigration and Nationality or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adjudicated by an immigration judge within the Executive Office for Immigration Review in streamlined proceedings (rather than under section 240 of the Act). The final rule also specifid what standard of review applies in such streamlined proceedings.
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