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Original Date Announced
October 21, 2020EOIR and USCIS issue a final rule adding numerous new mandatory criminal bars to asylum eligibility, including offenses arising under sections 274(a)(1)(A), 274(a)(2), or 276 of the INA; crimes "committed in support, promotion, or furtherance of the activity of a criminal street gang;" convictions for driving while intoxicated or impaired; crimes of stalking, child abuse, child neglect, child abandonment, and domestic violence, including misdemeanor domestic violence; unlawful use of an identification document; and unlawful use of public benefits, among others. The rule also sets forth criteria for determining whether a vacated, expunged, or modified conviction or sentence should be recognized for purposes of determining whether an individual is eligible for asylum, and repeals provisions regarding reconsideration of discretionary denials of asylum. The rule, signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf, takes effect on November 20, 2020.
[ID #1099]
Final Rule on Procedures for Asylum and Bars to Asylum EligibilityEffective Date
November 20, 2020Subsequent Trump-Era and Court Action(s)
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November 2, 2020
2020.11.19 Pangea Legal Services v. DHS (TRO Order)
On November 2, 2020, four immigration advocacy groups filed suit in the Northern District of California, raising INA, APA, HSA/FVRA, and constitutional arguments. See Pangea Legal Services v. DHS, 3:20-cv-07221 (N. D. Cal., Nov. 2, 2020). On November 19, 2020, District Judge Susan Illston granted the plaintiffs' motion for a TRO, enjoining the rule from going into effect as scheduled on November 20. On November 24, Judge Illston converted the TRO into a preliminary injunction.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Under Study
Bars to Asylum Eligibility and Related Procedures
This notice made known the Biden administration's proposal to modify or rescind the Trump-era policy identified in this entry.
DHS and DOJ issued a Unified Regulatory Agenda notice announcing their proposal to modify or rescind regulatory changes promulgated in two final rules, including the policy identified in this entry, consistent with Executive Order 14010.
View DocumentCurrent Status
Not in effectMost Recent Action
Action: Under Study Bars to Asylum Eligibility and Related ProceduresActed on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT Hearings and Adjudications Interior BorderAgencies Affected: CBP ICE USCIS EOIR Bureau of Population, Refugees, and MigrationPre Trump-Era Policies
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The INA previously barred from asylum eligibility any alien who (1) 'ordered, incited, assisted, or otherwise participated in the persecution of any person on account of' a protected ground; (2) ‘having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;’ (3) ‘has committed a serious nonpolitical crime outside the United States’ prior to arrival in the United States; (4) constitutes ‘a danger to the security of the United States;’ (5) is described in the terrorism-related inadmissibility grounds, with limited exception; or (6) ‘was firmly resettled in another country prior to arriving in the United States.’ INA 208(b)(2)(A)(i)–(vi), 8 U.S.C. 1158(b)(2)(A)(i)–(vi)." Regulation requires review of discretionary asylum denials where applicant is granted withholding in order to allow family unification.
8 U.S.C. 1158(b)(2)(A)
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Final Rule on Procedures for Asylum and Bars to Asylum Eligibility
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Prior Policy
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Subsequent Action
Original Source:
Pangea Legal Services v. DHS
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Commentary
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Other
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Other
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
Bars to Asylum Eligibility and Procedures
Commentary
NIPNIG | Practice Alert Proposed Criminal Bars to Asylum:
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