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Original Date Announced
September 2, 2025DHS Secretary Kristi Noem ratifies an interim final rule (IFR) titled “Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act.” 84 Fed. Reg. 63,994 (Nov. 19, 2019). The IFR provides for implementation of ACAs signed between the U.S. and third countries, authorizing asylum-seekers in the U.S. to be sent to third countries to process their claims.
The initial IFR was approved and issued by former Acting DHS Secretary Chad Wolf in 2019. Secretary Noem states she ratified the IFR "[o]ut of an abundance of caution" in response to a Government Accountability Office (GAO) Opinion and lawsuits challenging the validity of agency actions taken by improperly appointed officials.
For additional information regarding the Trump 1.0 Interim Final Rule, please see this Trump 1.0 entry.
Trump 2.0 [ID #1985]
2025.09.02 DHS 2025–16809 - Ratification of Department ActionEffective Date
September 2, 2025Subsequent Trump and Court Action
September 8, 20252025.09.08 Proposed Amended Complaint - UT v. Noem
Plaintiffs in U.T. v. Noem filed a motion to amend complaint. The case was filed in 2020 to challenge the 2019 interim final rule, and has been held in abeyance since 2021. The plaintiffs earlier filed a motion to lift the stay on September 8, 2025, in light of DHS Secretary Noem’s ratification of the interim final rule.
The proposed amended complaint, included here, alleges that the rule and associated policies violate the "safe third country" provision of the Immigration and Nationality Act (INA), as well as the Administrative Procedure Act (INA). It also states that the federal government is “actively working to sign further ACAs with inappropriate third countries,” and that an ACA with Ecuador is “reportedly imminent.” U.T. v. Noem, No. 1:20-cv-00116 (D.D.C.).
**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Enforcement Asylum, Withholding and CAT HumanitarianAssociated or Derivative Policies
- July 26, 2019 United States and Guatemala sign Asylum Cooperative Agreement
- September 20, 2019 United States and El Salvador sign Asylum Cooperative Agreement
- September 25, 2019 United States and Honduras sign Asylum Cooperative Agreement
- November 19, 2019 Interim final rule modifies existing regulations to implement the Asylum Cooperative Agreements
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2025.09.02 DHS 2025–16809 - Ratification of Department Action
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Subsequent Action
Original Source:
Proposed Amended Complaint - UT v. Noem
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