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New Proposed Federal Regulation on Procedures for Asylum, Withholding of Removal; Credible Fear and Reasonable Fear Test

On June 15, 2020, The Department of Homeland Security and The Department of Justice published the proposed new set of regulations which will create difficulties for the asylum-seekers to gain asylum in the United States of America. The proposed rule will amend multiple provisions relating to the asylum.

According to the Department of Justice the following changes are proposed in the regulation:

  • Amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal, or protection under the CAT adjudicated by an immigration judge in streamlined proceedings, rather than in immigration court proceedings conducted under section 240 of the Immigration and Nationality Act (INA);
  • Permit immigration judges to pretermit asylum applications without a hearing if the application does not demonstrate prima facie eligibility for relief;
  • Clarify when an application is “frivolous”;
  • Clarify standards for the adjudication of asylum and withholding claims including amendments to the definitions of the terms “particular social group,” “political opinion,” “persecution,” and “firm resettlement”;
  • Outline factors for adjudicators to consider when making discretionary determinations;
  • Clarify the standard for determining the acquiescence of a public official or other person acting in an official capacity under the CAT regulations;
  • Raise the burden of proof for the threshold screening of withholding and CAT protection claims from “significant possibility” to a “reasonable possibility” standard;
  • Apply bars to asylum and withholding when making credible fear determinations; and
  • Clarify the requirement to protect certain information contained in asylum applications.

These are only few of many restrictions proposed in the new regulation. The proposed rule is available for comments for a 30-day period from the date of the publication in the federal register. In the last few years the Trump administration has tried to restrict asylum in the United States by making a number of changes in the regulations concerning asylum.

Previous Article Relating to Asylum:

  1. http://www.ahluwalialaw.com/supreme-court-ruling-on-asylum-seekers-tilts-the-scale-in-favor-of-the-government/ (Date of Publication: October 3, 2019)


This article aims to provide new information concerning proposed changes relating to asylum. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your attorney or the Ahluwalia Law Offices, P.C. (Team ALO).


Please refer to our previous articles relating to asylum. We will regularly update the blog as soon as any new information is available relating to the new proposed changes.

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