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

  1. Date Announced

    Nov. 9, 2018

    DOJ 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Nov. 9, 2018
  3. Subsequent Action

    August 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.

    O.A. v. Trump (Aug. 2, 2019)
  4. Subsequent Action

    February 28, 2020

    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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    East Bay Sanctuary Covenant Opinion
  5. Biden Administration Action

    June 14, 2021

    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.

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

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