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EOIR General Counsel issues guidance on applying Asylum Eligibility and Procedural Modifications Rule to certain asylum seekers impacted by metering

  1. Date Announced

    Nov. 22, 2019

    EOIR issues guidance that the Asylum Eligibility and Procedural Modifications Rule will not be applied "where the individual may be an Al Otro Lado class member." In such cases, "the adjudicator should determine whether the individual approached a POE at the southern border, before July 16, 2019, to seek asylum but was not processed because of DHS’ metering policy" before applying the rule.

    [ID #229]

    View Policy Document View Policy Document
  2. Effective Date of Change

    Nov. 22, 2019
  3. Subsequent Action

    September 11, 2020

    On July 6, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction in East Bay Sanctuary Covenant v. Barr against the third country asylum rule announced in July 2019 by the Department of Homeland Security (DHS). However, on September 11, 2020, the Supreme Court stayed the injunction pending appeal. The government's petition for rehearing en banc was filed on October 5, 2020 and is currently pending at the Ninth Circuit as of 10/26/20. See East Bay Sanctuary Covenant v. Barr (N.D. Cal. 4:19-cv-04073; Ninth Cir. 19-16773). See also Al Otro Lado v. Wolf (S.D. Cal. 3:17-cv-02366; Ninth Cir. 19-56417). The Ninth Circuit denied a stay of the district court preliminary injunction on Mar. 5, 2020. Oral argument on the government's appeal of the injunction was held July 10, 2020 and a decision is pending as of 10/27/20.

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

Type of Action: Agency Directive
Agencies Affected: EOIR

Prior Policies

  • On July 16, 2019, DOJ and DHS announced an Interim Final Rule establishing mandatory bar to asylum eligibility for individuals who transit through a third country and then enter or attempt to enter the U.S. across the southern border without having applied for protection in at least one of the third countries through which they transited.

    Interim Final Rule re: Asylum Eligibility and Procedural Modifications

Subsequent Action

  1. Associated or Derivative Policies

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