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Original Date Announced
November 9, 2018DOJ and DHS adopt interim final rule stipulating that noncitizens who cross the southern 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 ClaimsEffective Date
November 9, 2018Subsequent Trump-Era and Court Action(s)
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August 2, 2019
O.A. v. Trump (Aug. 2, 2019)
D.D.C. vacates IFR in separate class action. Oral argument in the government's appeal is set for Dec. 8, 2020, at the D.C. Circuit.
View Document -
February 28, 2020
East Bay Sanctuary Covenant Opinion
The Ninth Circuit upholds the preliminary injunction issued by the N.D. Cal. on Dec. 19, 2018. The government's petition for rehearing en banc remains pending as of Oct. 24, 2020.
View Document
**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
June 14, 2021Noncitizens 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 DocumentCurrent Status
Not in effectMost Recent Action
June 14, 2021 Action: Under Study Noncitizens Subject to a Bar on Entry Under Section 212(f); Procedures for Protection ClaimsJune 14, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
Pre Trump-Era Policies
- January 1, 2012 8 CFR 208.30 (2012)
- January 1, 2012 8 CFR 208.13 (2012)
- January 1, 2012 8 CFR 1003.42 (2012)
- November 9, 2018 8 CFR 1208.30 (2018) - comparison to 2020
- November 9, 2018 8 CFR 1208.13 (2018) - comparison to 2020
Documents
Trump-Era Policy Documents
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New Policy
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Prior Policy
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Prior Policy
Original Source:
8 CFR 208.13 (2012)
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Prior Policy
Original Source:
8 CFR 1003.42 (2012)
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Prior Policy
Original Source:
8 CFR 1208.30 (2018) - eCFR Comparison to 2020
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Prior Policy
Original Source:
8 CFR 1208.13 (2018) - eCFR Comparison to 2020
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Subsequent Action
Original Source:
O.A. v. Trump (D.D.C. Aug. 2, 2019)
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Subsequent Action
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Other