Original Date AnnouncedOctober 21, 2020
EOIR 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 Eligibility
Effective DateNovember 20, 2020
Subsequent Trump-Era and Court Action(s)
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.
**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 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 Uniform Regulatory Agenda notice announcing their proposal to modify or rescind regulatory changes promulgated in three final rules, including the policy identified in this entry, consistent with Executive Order 14010.View Document
Current StatusNot in effect
Acted on by Biden Administration