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EOIR Final Rules

December 27, 2024 (1 min read)

1.  Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear Review AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Interim final rule; request for comment. SUMMARY: This interim final rule (‘‘IFR’’) makes a technical amendment to Department of Justice (‘‘Department’’) regulations to clarify that immigration judges’ de novo review of asylum officers’ credible fear and reasonable fear determinations shall, where relevant, include review of the asylum officer’s application of any bars to asylum or withholding of removal under Department of Homeland Security (‘‘DHS’’) regulations, as well as other clarifying technical changes related to credible fear and reasonable fear processes. DATES: Effective date: This interim final rule is effective December 27, 2024.

2.  Security Bars and Processing; Delay of Effective Date AGENCY: U.S. Citizenship and Immigration Services (‘‘USCIS’’), Department of Homeland Security (‘‘DHS’’); Executive Office for Immigration Review (‘‘EOIR’’), Department of Justice (‘‘DOJ’’). ACTION: Interim final rule with request for comments. SUMMARY: On December 23, 2020, during the COVID–19 pandemic, the Department of Homeland Security (‘‘DHS’’) and the Department of Justice (‘‘DOJ’’) (collectively, ‘‘the Departments’’) published a final rule entitled Security Bars and Processing (‘‘Security Bars final rule’’) to define ‘‘danger to the security of the United States’’ to include certain emergency public health concerns. The Departments have delayed the final rule’s effective date such that it has never gone into effect. This rulemaking further delays the Security Bars final rule’s effective date until December 31, 2025. DATES: Effective date: As of December 27, 2024, the effective date of the final rule published December 23, 2020, at 85 FR 84160, which was delayed by the rules published at 86 FR 6847 (Jan. 25, 2021), 86 FR 15069 (Mar. 22, 2021), 86 FR 73615 (Dec. 28, 2021), and 87 FR 79789 (Dec. 28, 2022), is further delayed until December 31, 2025.

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