INS Issues Proposed and Final Asylum Regulations

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

INS ISSUES PROPOSED AND FINAL ASYLUM REGULATIONS
Immigrants' Rights Update, Vol. 14, No. 8, Dec. 27, 2000

The Immigration and Naturalization Service recently issued sets of proposed and final regulations relating to asylum. The INS invites public comments on the proposed regulations by Jan. 22, 2001. The final rules concern asylum procedures and will take effect on Jan. 5, 2001.

The proposed regulations respond to and provide guidance on issues arising in Matter of R-A-, I.D. 3404 (BIA 1999), a case concerning a Guatemalan woman who was subjected to domestic violence. Among other things, the rules define "persecution" and "particular social group" and modify the burden of proof standard regarding past persecution. The final regulations address the procedures through which the INS handles asylum applications. They both modify and clarify existing standards as well as establish new requirements asylum applicants must meet.

A detailed analysis of the proposed and final regulations will be published in the next issue of the Immigrants' Rights Update.

65 Fed. Reg. 76,588-98 (Dec. 7, 2000) (proposed asylum regulations); 65 Fed. Reg. 76,121-38 (Dec. 6, 2000) (final asylum regulations).