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

  1. Original Date Announced

    November 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]

    PM 19-02: Guidelines Regarding New Regulations Governing Asylum and Protection Claims
  2. Effective Date

    November 9, 2018
  3.  
  4. Biden Administration Action: Revoked/Replaced

    May 14, 2021

    5.14.21 PM Rescinding PM 19-02

    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.

    View Document

Current Status

Not in effect
May 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Pre Trump-Era Policies

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