USCIS and EOIR Notice of Proposed Rulemaking on Consideration of Protection Claims by Asylum Officers and Credible Fear Screening

USCIS and EOIR notice of proposed rulemaking (NPRM) under which claims for asylum, statutory withholding of removal, and CAT protection raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture would be initially adjudicated by a USCIS asylum officer. In addition, the government would return to the regulatory framework governing the credible fear screening process in place before various regulatory changes made from the end of 2018 through the end of 2020, so as to apply once more the longstanding “significant possibility” screening standard to all protection claims, but not to apply the mandatory bars to asylum and withholding of removal (with limited exception) at this initial screening stage. Comments are due 10/19/21. (86 FR 46906, 8/20/21)


8 CFR Parts 208 and 235

[CIS No. 2692–21; DHS Docket No. USCIS– 2021–0012]

RIN 1615–AC67


Executive Office for Immigration Review

8 CFR Parts 1003, 1208, and 1235

[A.G. Order No. 5116–2021]

RIN 1125–AB20

Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

AGENCY: Executive Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security.

ACTION: Notice of proposed rulemaking

[This functionality does not work on your device. Please use the download button to access the PDF. A separate PDF reading app may be necessary.]

Cite as AILA Doc. No. 21081830.

Open the Document