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Original Date Announced
July 15, 2019According 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 ClaimsEffective Date
July 15, 2019Subsequent Trump-Era and Court Action(s)
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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. 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.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/Replaced
May 14, 20215.14.21 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 DocumentCurrent Status
Not in effectMost Recent Action
May 14, 2021 Action: Revoked/Replaced 5.14.21 Rescission of PM 19-12May 14, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In Litigation RescindedTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
- July 16, 2019 DHS and DOJ issue joint third country asylum rule
Pre Trump-Era Policies
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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