A federal judge in Maryland has ordered USCIS to go back to giving unaccompanied children at least 21 days’ notice before an AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary interview.
The District of Maryland granted a Temporary restraining orderA short-term court order that preserves the status quo until the court can decide a motion for a preliminary injunction. In federal court, one issued without notice to the other side expires within 14 days unless the court extends it for good cause or the other side consents (Fed. R. Civ. P. 65(b)).See it in the glossary on October 30, according to a statement from the legal groups that sued, and OnLabor’s daily roundup also reported it. The order lasts 14 days.
What the order requires on child asylum interviews
The order reinstates USCIS’s earlier policy of written notice at least 21 days before an asylum interview for unaccompanied children. It also lets children and their attorneys reschedule. The groups said the order stops the government from fast-tracking these cases while the lawsuit continues.
What the lawsuit says about the shorter notice
Six legal-aid organizations sued over new scheduling practices. According to VisaVerge’s summary of the complaint, USCIS had been scheduling some interviews with only 18 to 24 hours’ notice. The complaint says the old practice gave attorneys about 21 days, and it asks the court to restore that notice and bring back a good cause standard for rescheduling.
The suit also challenges a January 31, 2027 deadline for completing the removal cases of detained children. The restraining order, as reported, addresses the interview notice. We have not seen a ruling on the deadline.
What has not been decided
A temporary restraining order is short-term relief that preserves the status quo. The court has not ruled on the lawsuit’s merits. We have not found a USCIS response to this order. The agency has said previously that it is prioritizing timely proceedings.
For background, see our reports on the DHS rule on skipping asylum interviews and on HHS’s new legal team for migrant children, plus our explainer on what happens after an asylum application is filed.