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

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    July 15, 2019
  3. Subsequent Action

    July 6, 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.

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

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

    May 14, 2021

    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 rescinding and cancelling policy memo 19-12.

    5.14.21 Rescission of PM 19-12
Type of Action: Agency Directive
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: ICE EOIR

Prior Policies

  • 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

Subsequent Action

Biden Administration Action

  1. Associated or Derivative Policies

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