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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
  4. 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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