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Original Date Announced
November 9, 2018President Trump issues Proclamation 9822, stating that the United States 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]
Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United StatesEffective Date
November 9, 2018Subsequent Trump-Era and Court Action(s)
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December 19, 2018
East Bay Sanctuary Covenant Order Granting Preliminary Injunction
On December 19, 2018, the District Court for the Northern District of California granted plaintiffs' motion for a preliminary injunction.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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February 7, 2019
Presidential Proclamation on Addressing Mass Migration Through the Southern Border of the United States
President Trump extends Proclamation 9822 from November 9, 2018, for an additional 90 days.
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February 28, 2020
East Bay Sanctuary Covenant Opinion
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.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Not in effectOriginal Trump Policy Status
Trump Administration Action: Presidential OrdersSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
Pre Trump-Era Policies
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December 23, 2008
In accordance with the plain language of 8 U.S.C. § 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
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Presidential Proclamation 9822
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Prior Policy
- Subsequent Action
- Subsequent Action
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Subsequent Action
Original Source:
Opinion [Ct. of App. ECF# 81] (950 F.3d 1242)
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Commentary
Commentary
Barring Asylum Claims: The President Versus the Statute (Lawfare)
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