Immigration judges must now consider all reasons to deny asylum, not just some
What happened
The Justice Department has clarified that immigration judges must review all reasons to deny asylum or withholding of removal when reviewing initial credible fear and reasonable fear determinations. This means that even if an asylum officer did not apply a specific bar to eligibility, the judge must now consider it.
Why it matters
This rule change makes it harder for asylum seekers to pass the initial screening stage. Previously, if an asylum officer missed a reason to deny a claim, an immigration judge might not have considered it. Now, judges must actively look for all possible bars to entry, regardless of what the asylum officer did.
The signal
Watch for an increase in the number of asylum seekers denied at the credible fear or reasonable fear stage, or a rise in appeals of these denials.