Original Date Announced

DOJ and DHS publish an interim final rule to implement Asylum Cooperative Agreements (ACAs), which applies to individuals who arrive at a U.S. port of entry, or enter, or attempt to enter the U.S., between ports of entry, on or after November 19, 2019. The rule amends 8 C.F.R. § 208.30 by requiring asylum officers to determine whether the individual: is subject to one or more ACAs; falls within any exception to the applicable ACAs; and would more likely than not be persecuted on account of a protected asylum ground or tortured in the receiving country. If the asylum officer determines that the individual is not subject to an ACA; falls within an exception to each applicable ACA, or would more likely than not be persecuted on account of a protected ground or tortured in each of the prospective receiving countries, then the asylum officer will assess the merits of the credible fear claim as usual. This rule also amends 8 C.F.R. § 1003.42 requiring immigration judges to make determinations in the context of removal proceedings. The IFR was signed by Acting Secretary Wolf and AG Barr. [ID #116]

Subsequent Trump and Court Action

U.T. v. Barr Complaint

The ACLU, National Immigrant Justice Center (NIJC), Center for Gender & Refugee Studies, and Human Rights First filed a new lawsuit challenging the Trump administration’s policies that are resulting in asylum-seekers being sent to so-called “safe” third countries to apply for asylum rather than being allowed to file asylum claims in the U.S. The complaint alleges that the rule violates the INA’s safe third country provision, the withholding of removal statute, and the expedited removal statute, among other provisions. U.T. v. Barr, 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**

Subsequent Trump and Court Action

2025.08.06 Joint Status Report - UT v. Noem

The parties filed a joint status report in U.T. v. Noem (previously Barr). The case has been in abeyance since 2021, as the Biden administration terminated the ACAs then in effect and was considering rescinding the interim final rule described in this entry. In the status report, the parties asserted that the federal government has since entered new ACAs (Guatemala and Honduras) covered by the rule. Plaintiffs also stated that DHS has filed multiple motions in immigration court seeking to pretermit noncitizens’ asylum applications based on the new agreements.

The parties requested that the court schedule a status conference to discuss next steps, including whether to end the abeyance and, if necessary, a timeline for plaintiffs to amend their complaint. The government “do[es] not believe that there is any basis for Plaintiffs to seek or for the Court to order disclosure of additional information related to any new agreements at this time.” U.T. v. Noem, No. 1:20-cv-00116 (D.D.C.).

**Link to case here. See litigation note above**

For current status of the interim final rule and litigation, please see this Trump 2.0 entry.