This case challenges the April 2019 and September 2019 changes to the Credible Fear Interview Lesson Plan, the U.S. government’s manual for conducting a screening interview to assess whether an asylum seeker should be allowed to pursue their asylum claim in immigration court.
Our clients
In this lawsuit IRAP represents five asylum seekers who were denied the opportunity to pursue their asylum claim in immigration court because of the unlawful changes to the Credible Fear Interview Lesson Plan.
Our clients are hoping for a fair opportunity to prove that they have the right to asylum in the United States because they face persecution in their home countries.
Impact
By succeeding in their challenge to the April 2019 and September 2019 Credible Fear Interview Lesson Plans, our clients made sure that the tens of thousands of asylum seekers who undergo the credible fear interview process each year will have access to a fairer process to ensure that their good-faith asylum claims are heard.
Case status
We are in negotiations with the government about the end of the case after we won a decision vacating the April and September 2019 lesson plans.
- June 28, 2020: Complaint is filed challenging the April 2019 Lesson Plan.
- September 19, 2020: USCIS announces a revised Credible Fear Interview Lesson Plan, which builds on the April 2019 Lesson Plan. Complaint is supplemented to add a challenge to the September 2019 Lesson Plan.
- October 31, 2020: Victory! The court issues a summary judgment decision finding six policies in the Lesson Plans to be unlawful and vacating the April 2019 and September 2019 versions of the Credible Fear Lesson Plan. The court also orders the government to bring back two previously deported clients at government expense and to give them new credible fear interviews under lawful policies.
- July 2021: The government dismisses its appeal of the case, cementing the summary judgment victory for our clients.
The Refugee and Immigrant Center for Education and Legal Services (RAICES) is our co-counsel, and the Asylum Seeker Advocacy Project (ASAP), Center for Gender and Refugee Studies (CGRS), and American Gateways are consulting counsel.
Follow the Case
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View the complaint
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View the Administrative Record the government produced in this case
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View the government’s opening brief (dated August 15, 2019)
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View the plaintiffs’ opening brief (dated September 5, 2019)
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View the September 2019 Lesson Plan
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View the Order Granting Summary Judgment to Plaintiffs
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View the Defendants’ Supplemental Brief on Severability
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View the Plaintiffs’ Supplemental Brief on Severability
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View the October 22, 2019 Transcript of Oral Arguments on Motion for Summary Judgment
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View the Defendants’ Reply Memo in Support of Motion to Strike
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View the Plaintiffs’ Supplemental Amended Complaint
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View the Plaintiffs’ Reply Brief on Summary Judgment
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View the Exhibits in Support of Plaintiffs’ Motion for Summary Judgment
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View the Amicus Brief of Tahirih Justice Center
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View the Amicus Brief of Council 119
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View the Defendants’ Reply Brief on the Cross Motions for Summary Judgment
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View the Amicus Brief of Advocates for Human Rights
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Court docket available here
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Press Release: Judge Declares Unlawful and Vacates Government’s Asylum Seeker “Credible Fear” Standards
11/2/2020
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IRAP & RAICES File Challenge to Trump Administration’s Latest Attack on Asylum Seekers
7/1/2019
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