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DOJ and DHS issue interim final rule restricting access to asylum for individuals who enter outside recognized POEs

  1. Original Date Announced

    November 9, 2018

    DOJ and DHS adopt interim final rule stipulating that noncitizens who cross the southern U.S.-Mexico border in contravention of a presidential proclamation will be ineligible for asylum, among other changes to asylum proceedings. [ID #57]

    Federal Register: Interim Final Rule: Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations: Procedures for Protection Claims
  2. Effective Date

    November 9, 2018
  3. Subsequent Trump and Court Action(s)

    • November 9, 2018

      2018.11.09 Complaint - East Bay Sanctuary Covenant v. Trump

      Organizations representing and assisting asylum seekers, East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center in Los Angeles, file a lawsuit against the Trump administration, seeking a declaration that the interim final rule described in this entry, together with Presidential Proclamation 9822, violate the INA and the APA. Plaintiffs also seek an order enjoining the rule and the Proclamation. East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810 (N.D. Cal.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document
    • December 19, 2018

      East Bay Sanctuary Covenant Order Granting Preliminary Injunction

      The U.S. District Court for the N.D. Cal. grants a preliminary injunction. East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810, (N.D. Cal.).

      View Document
    • December 19, 2018

      2018.12.19 Order Granting Preliminary Injunction - East Bay Sanctuary v. Trump

      Judge Jon S. Tigar issues a preliminary injunction in East Bay Sanctuary v. Trump, enjoining the interim final rule described in this entry pending final judgment, and ordering Defendants to "return to the pre-Rule practices for processing asylum applications." East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810 (N.D. Cal.).

      *see litigation note above*

      View Document
    • December 21, 2018

      SCOTUSBlog - Trump v. East Bay Sanctuary Covenant

      The Supreme Court denies a stay of the Preliminary Injunction pending appeal. Trump v. East Bay Sanctuary Covenant, No. 18A615.

      *see litigation note above*

      View Document
    • August 2, 2019

      O.A. v. Trump (Aug. 2, 2019)

      D.D.C. vacated interim final rule in separate class action. O.A. et al v. TRUMP et al, No. 1:2018cv02718, (D.D.C.).

      *see litigation note above*

      View Document
    • February 28, 2020

      East Bay Sanctuary Covenant Opinion

      The Ninth Circuit upholds the preliminary injunction issued by the N.D. Cal. district court on Dec. 19, 2018. A subsequent en banc review petition was denied. East Bay Sanctuary Covenant v. Trump, No.4:18-cv-06810-JST, (9th Cir.).


      see litigation note above

      View Document
    • May 18, 2023

      2023.05.18 Amended and Supplemental Complaint - East Bay Sanctuary Covenant v. Biden

      Plaintiffs in East Bay Sanctuary Covenant v. Trump amend their complaint to challenge the Biden Administration's "Circumvention of Lawful Pathways" Rule, arguing that it functions essentially like the enjoined Trump administration "entry ban" (Proclamation and interim final rule). Plaintiffs "seek a declaration that the Rule violates the INA and the Administrative Procedure Act (“APA”) and an order vacating and enjoining the Rule." East Bay Sanctuary Covenant v. Biden, 4:18-cv-06810 (N.D. Cal.).

      *see litigation note above*

      View Document
    • July 25, 2023

      2023.07.25 Order Vacating Circumvention of Lawful Pathways Rule - East Bay Sanctuary Covenant v. Biden

      Judge Jon S. Tigar grants Plaintiffs' motion for summary judgment in East Bay Sanctuary Covenant v. Biden, vacating the "Circumvention of Lawful Pathways" rule. The court finds that Plaintiffs had Article III and statutory standing and denies Defendants' arguments for jurisdictional bars. The court holds the rule is invalid under the APA because it is contrary to the INA, arbitrary and capricious, and was issued without adequate opportunity for public comment. East Bay Sanctuary Covenant v. Biden, 4:18-cv-06810 (N.D. Cal.).

      *see litigation note above*

      View Document
    • August 3, 2023

      2023.08.03 Order Granting Stay Pending Appeal/Settlement - East Bay Sanctuary Covenant v. Biden

      A Ninth Circuit panel grants a stay of the district court's July 25, 2023 order and judgment vacating the "Circumvention of Lawful Pathways Rule" in East Bay Sanctuary Covenant v. Biden, pending settlement negotiations. East Bay Sanctuary Covenant v. Biden, No. 23-16032 (9th Cir.).

      *see litigation note above*

      View Document
    • December 3, 2023

      2023.12.03 Minute Order Termination of Case - O.A. v. Trump

      On December 3, 2023 the U.S. District Court for the District of Columbia terminated by Minute Order O.A. v. Trump following Biden administration changes to immigration policy. O.A. et al v. TRUMP et al, No. 1:2018cv02718, (D.D.C.).

      *see litigation note above*

      View Document
    • April 10, 2025

      2025.04.10 Order Vacating Stay and Remanding - East Bay Sanctuary v. Trump

      A Ninth Circuit panel vacates its prior order in East Bay Sanctuary Covenant v. Biden that stayed the case pending (unsuccessful) settlement discussions. The new order vacated the district court's July 25, 2023 judgment (which vacated the "Circumvention of Lawful Pathways" rule). However, the court remanded to the district court to address "(1) the impact of FDA v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024), on the issue of organizational standing; and (2) the impact of Executive Order 14165 § 7(a)–(b), which terminated the “lawful pathways” on which the [Circumvention of Lawful Pathways] Rule relies in part." East Bay Sanctuary Covenant v. Trump, No. 23-16032 (9th Cir.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document
  4.  
  5. Biden Administration Action: Under Study

    June 14, 2021

    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.

    View Document
  6. Biden Administration Action: Other

    May 11, 2023

    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.

    View Document
  7. Biden Administration Action: Other

    May 11, 2023

    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.

    View Document
  8. Biden Administration Action: Modified

    June 4, 2024

    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”).

    View Document
  9. Biden Administration Action: Other

    June 4, 2024

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

    View Document
  10. Biden Administration Action: Other

    June 7, 2024

    2024.06.07_Interim Final Rule, Securing the Border

    View Document
  11. Biden Administration Action: Modified

    September 30, 2024

    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.

    View Document
  12. Biden Administration Action: Other

    September 30, 2024

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

    View Document
  13. Biden Administration Action: Other

    October 1, 2024

    2024.10.07 Final Rule, Securing the Border

    View Document

Current Status

Not in effect

Most Recent Action

October 1, 2024 Action: Other 2024.10.07 Final Rule, Securing the Border
June 14, 2021
Acted on by Biden Administration
May 11, 2023
Acted on by Biden Administration
May 11, 2023
Acted on by Biden Administration
June 4, 2024
Acted on by Biden Administration
June 4, 2024
Acted on by Biden Administration
June 7, 2024
Acted on by Biden Administration
September 30, 2024
Acted on by Biden Administration
September 30, 2024
Acted on by Biden Administration
October 1, 2024
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS CBP ICE DHS EOIR

Documents

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