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EOIR issues guidelines regarding DHS/DOJ third country interim final rule

  1. Original Date Announced

    July 15, 2019

    According to Policy Memo 19-12, asylum seekers may obtain a determination as to whether the DHS/DOJ amended regulations regarding transit through a third country bar their asylum claims. Those deemed ineligible for asylum will be screened for withholding of removal and CAT protection. [ID #87]

    Guidelines Regarding New Regulations Governing Asylum and Protection Claims
  2. Effective Date

    July 15, 2019
  3. Subsequent Trump and Court Action(s)

    • June 30, 2020

      06.30.2020 CAIR Coalition v. Trump - Opinion

      On June 30, 2020, D.D.C. vacated the IFR on APA procedural grounds. The cases (consolidated) are CAIR Coalition v. Trump & I.A. v. Barr, D.D.C. Nos. 19-cv-2117 & 19-cv-2530.

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

      View Document
    • July 6, 2020

      East Bay Sanctuary Covenant v. Barr, IM-CA-0146. Docket Court, 4-19-cv-04073 ( N.D. Cal. )

      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.

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

      View Document
  4.  
  5. Biden Administration Action: Revoked/Replaced

    May 14, 2021

    5.14.21 Rescission of PM 19-12

    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 21-20, rescinding and cancelling policy memo 19-12.

    View Document

Current Status

Not in effect

Most Recent Action

May 14, 2021 Action: Revoked/Replaced 5.14.21 Rescission of PM 19-12
May 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: ICE EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

  • December 23, 2008

    INA section 208(2)(A) establishes an exception to asylum and allowed return to a "safe third country" only if: "the alien's life or freedom would not be threatened" and "the alien would have a full and fair procedure for determining a claim to asylum or equivalant temporary protection."

    8 U.S. Code § 1158

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com