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Original Date Announced
July 11, 2018Press reports that the Trump administration is considering a safe third country agreement with Mexico. This agreement would require asylum seekers transiting through Mexico to apply for protection there rather than in the United States. It would allow U.S. border guards to turn back such asylum seekers at border crossings and quickly return to Mexico anyone who has already entered the US to seek refuge, regardless of their nationality. [ID #47]
Report: U.S. and Mexico discussing a deal that could slash migration at the borderSubsequent Trump-Era and Court Action(s)
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July 16, 2019
Interim Final Rule re Asylum Eligibility and Procedural Modifications
Although no agreement is reached with Mexico, DHS and DOJ issue a joint Third Country Transit interim final rule in July 2019 preventing asylum seekers from applying for asylum without first seeking asylum in Mexico.
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December 17, 2020
Asylum Eligibility and Procedural Modifications, 85 Fed. Reg. 82260
DOJ (EOIR) and DHS (USCIS) issue a Third Country Transit final rule establishing a mandatory bar to asylum eligibility for individuals who transit through a third country and then enter or attempt to enter the U.S. across the southern border without having applied for protection in at least one of the third countries through which they transited.
View Document
Biden Administration Action: Other
May 11, 20232023.05.11_Circumvention of Lawful Pathways - Federal Register
On May 11, 2023, the Department of Homeland Security (DHS) and the Department of Justice issued a final rule anticipating the end of the CDC's Title 42 public health order. The "Circumvention of Lawful Pathways" rule removed the regulatory text included in the Third Country Transit final rule that implemented a mandatory bar to asylum eligibility for individuals who transit through or fail to apply for asylum in third countries before entering the United States. Instead, the Biden Administration's rule establishes a rebuttable presumption that noncitizens are ineligible for asylum if they traveled through a third country before entering the U.S. without authorization and without availing of existing lawful processes.
View DocumentCurrent Status
Not in effectMost Recent Action
May 11, 2023 Action: Other 2023.05.11_Circumvention of Lawful Pathways - Federal RegisterMay 11, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- June 7, 2019 United States and Mexico sign joint statement on immigration enforcement
- June 7, 2019 United States and Mexico to discuss binding bilateral refugee agreement
- July 16, 2019 DHS and DOJ issue joint third country asylum rule
- July 26, 2019 United States and Guatemala sign Asylum Cooperative Agreement
- September 20, 2019 United States and El Salvador sign Asylum Cooperative Agreement
- September 27, 2019 U.S. and Honduras sign agreements on immigration enforcement and H-2 visa programs
Pre Trump-Era Policies
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May 9, 2013
Prior to the Trump administration, the only safe third country agreement the United States had signed was with Canada.
USCIS RAIO Lesson Plan - Safe Third Country Threshold Screening
Documents
Trump-Era Policy Documents
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New Policy
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Prior Policy
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Subsequent Action
Original Source:
Asylum Eligibility and Procedural Modifications
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Subsequent Action
Original Source:
Asylum Eligibility and Procedural Modifications
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
Circumvention of Lawful Pathways, Final Rule