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EOIR Director issues guidance on new regs implementing the "proclamation-based asylum bar"

  1. Date Announced

    Nov. 8, 2018

    In Policy Memo 19-02, the EOIR Director issues guidance in advance of a joint DOJ-DHS interim final rule regarding asylum-seekers at the southern border. The guidance discusses (i) how the regulations will apply to all asylum-seekers who file after Nov. 9, 2018, who are ineligible due to a presidential proclamation or other order suspending/limiting entry of non-citizens along the border with Mexico, pursuant to INA § 212(f) or 215(a)(1); (ii) how asylum-seekers will be subject to a new screening and review procedure; (iii) the impact of the rule on the credible fear standard, (iv) how withholding of removal and CAT adjudications will be made, and (v) other implications of the "proclamation-based asylum bar."

    [ID #1223]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Nov. 9, 2018
  3. Biden Administration Action

    May 14, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On May 14, 2021, EOIR issued this policy memo rescinding and cancelling policy memo 19-02.

    5.14.21 PM Rescinding PM 19-02
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Prior Policies

Biden Administration Action

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