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EOIR issues guidance on denying asylum to southern border EWIs

  1. Original Date Announced

    November 13, 2018

    The EOIR Director issues guidance implementing the President's "mass migration" proclamation, prohibiting asylum to anyone who crosses the southern border and enters without inspection (EWI). The prohibition includes unaccompanied children (UACs).

    [ID #191]

    EOIR Policy Memorandum (PM-19-03): Guidance Regarding the Presidential Proclamation Addressing Mass Migration at the Southern Border of the United States
  2. Effective Date

    November 13, 2018
  4. Biden Administration Action: Revoked/Replaced

    May 14, 2021

    2021.05.14 PM 21-19 Rescind and cancel Policy Memoranda 19-02 and 19-03

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

    On May 14, 2021, EOIR issued a policy memorandum rescinding PM 19-03.

    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

  • October 29, 2018

    INA § 208 -- "Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum."

    8 U.S.C. § 1158 - Asylum


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