POTUS issues Proclamation 9822 suspending entry across southern border outside ports of entry to bar asylum access

Date Announced
Nov. 9, 2018
President Trump issues Proclamation 9822, stating that the U.S. will only accept applications for asylum at recognized ports of entry. People who enter the United States unlawfully through the southern border will be ineligible to be granted asylum. This policy will remain in force for 90 days.
[ID #58]
View Policy Document
Effective Date of Change
Nov. 9, 2018
Subsequent Action
December 19, 2018
Federal District Court grants a preliminary injunction.
East Bay Sanctuary Covenant Order Granting Preliminary Injunction
Subsequent Action
February 7, 2019
President Trump extends Proclamation 9822 from November 9, 2018, for an additional 90 days.
Presidential Proclamation on Addressing Mass Migration Through the Southern Border of the United States
Subsequent Action
February 28, 2020
The Ninth Circuit upholds the preliminary injunction on Feb. 28, 2020. Government's petition for rehearing en banc (filed July 21, 2020) remains pending as of 10/24/20.

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

Status: Final/Actual In Litigation Enjoined

Type of Action: Presidential Orders

Subject Matter: Asylum, Withholding and CAT Border

Agencies Affected: CBP ICE USCIS EOIR

Prior Policies

In accordance with the plain language of U.S. Code 8 § 1158, individuals could claim asylum at any point along the US border, regardless of whether it was a recognized port of entry ("any alien...who arrives in the United States (whether or not at a designated port of arrival)").
U.S. Code 8 § 1158