Biden Administration Action: Under Study

Noncitizens Subject to a Bar on Entry Under Section 212(f); Procedures for Protection Claims

This notice made known the Biden administration's intent to modify or rescind the Trump-era policy identified in this entry.

DOJ and DHS announced their intention to modify or rescind the IFR consistent with Executive Order 14010 of February 2, 2021.

Biden Administration Action: Other

2023.05.11_Circumvention of Lawful Pathways - Federal Register

On May 11, 2023, the Department of Homeland Security and the Department of Justice issued a final rule anticipating the end of the CDC's Title 42 public health order and an influx of migrants crossing into the United States. Like President Trump's 2018 entry bar, the "Circumvention of Lawful Pathways" rule mirrors language in 212(f), thereby justifying the Biden administration's decision to establish a rebuttable presumption that noncitizens are ineligible for asylum if they traveled through a third country before entering the U.S. without authorization and without availing of existing lawful processes. Unlike the 2018 entry bar, the "Circumvention of Law Pathways" rule does not render everyone who crosses the southern border ineligible for asylum. It does, however, make it more difficult for individuals to apply for asylum if they do not enter through legal ports of entry and take advantage of existing lawful processes.

Biden Administration Action: Other

2023.05.11_Fact Sheet: Circumvention of Lawful Pathways Final Rule

DHS released a fact sheet synthesizing and explaining the Circumvention of Lawful Pathways Final Rule. DHS also notes that, in parallel with this final rule, the department took steps to expand safe and orderly pathways for migrants to lawfully enter the United States.

Biden Administration Action: Modified

2024.06.04 - Presidential Proclamation on Securing the Border

On June 4, 2024, President Biden issued a presidential proclamation to temporarily suspend the entry of noncitizens across the U.S.-Mexico border. Consistent with the proclamation, DHS and DOJ jointly issued an interim final rule that generally restricts asylum eligibility for those who irregularly enter across the southern border. The restriction on asylum eligibility will end when border encounters fall below a 7-day average of 1,500 for 14 calendar days. Like President Trump's 2018 entry bar, the temporary suspension was signed under sections 212(f) and 215(a) of the Immigration and Nationality Act (“INA”).

Biden Administration Action: Other

2024.06.04 DHS Fact Sheet on Presidential Proclamation and DHS-DOJ Rule to Restrict Asylum at the Southern Border

Biden Administration Action: Other

2024.06.07_Interim Final Rule, Securing the Border

Biden Administration Action: Modified

2024.09.30 - A Proclamation on Amending Proclamation 10773

On September 30, 2024, President Biden issued an updated presidential proclamation amending his June 2024 proclamation to continue the temporary suspension and limitations on entries across the U.S.-Mexico border. DHS and DOJ also announced a joint final rule, following their June 2024 joint interim final rule, that restricts asylum eligibility for those who irregularly enter across the southern border. The final rule increases the period triggering discontinuation of the rule from 14 days to 28 days and now counts unaccompanied minors from contiguous and non-contiguous countries in that calculation.

Biden Administration Action: Other

2024.09.30 - DHS Fact Sheet on Joint DHS-DOJ Final Rule Issued to Restrict Asylum Eligibility

Biden Administration Action: Other

2024.10.07 Final Rule, Securing the Border