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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. Original Date Announced

    November 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]

    Guidance from EOIR Office of General Counsel, sent Friday, November 22, 2019 EOIR Final Rule Asylum Eligibility and Procedural Modifications
  2. Effective Date

    November 22, 2019

Current Status

Not in effect

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

  • July 16, 2019

    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

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