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Original Date Announced
November 13, 2018The 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 StatesEffective Date
November 13, 2018Biden Administration Action: Revoked/Replaced
May 14, 20212021.05.14 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 DocumentCurrent Status
Not in effectMost Recent Action
May 14, 2021 Action: Revoked/Replaced 2021.05.14 PM 21-19 Rescind and cancel Policy Memoranda 19-02 and 19-03May 14, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
Pre Trump-Era Policies
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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
Commentary
CNN: White House issue new rule on asylum seekers
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