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DOJ/EOIR RIN: 1125-AB32 Publication ID: Spring 2025 
Title: Securing the Border 
Abstract:

On June 3, 2024, the President signed Proclamation 10773 under sections 212(f) and 215(a) of the Immigration and Nationality Act, finding that the entry into the United States of certain aliens during emergency border circumstances would be detrimental to the interests of the United States, and suspending and limiting the entry of those aliens across the southern border. The Proclamation directed DHS and DOJ ("the Departments") to promptly consider issuing regulations addressing the circumstances at the southern border, including any warranted limitations and conditions on asylum eligibility. The Departments issued an interim final rule, 89 FR 48710, in response to the Proclamation. Under the IFR, certain aliens who enter across the southern border while encounters are above thresholds described in the Proclamation will be ineligible for asylum unless they demonstrate by a preponderance of the evidence that exceptionally compelling circumstances exist, and will be subject to certain revised processing standards and procedures applicable to the expedited removal process. On October 7, 2024, the Departments published a final rule, 89 FR 81156, responding to the public comments received on the IFR. The final rule also requested comment on potential changes to the Circumvention of Lawful Pathways rule, as well as changes made to the IFR’s encounter thresholds that parallel modifications made by a subsequent Proclamation amending Proclamation 10773. The Departments will consider the comments received in any future rulemaking actions on this subject.

 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 8 CFR 208    8 CFR 235    8 CFR 1208   
Legal Authority: 8 U.S.C. 1101    8 U.S.C. 1103    8 U.S.C. 1158    8 U.S.C. 1225   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  06/07/2024  89 FR 48710   
Interim Final Rule Effective  06/05/2024 
Interim Final Rule Comment Period End  07/08/2024 
Final Rule  10/07/2024  89 FR 81156   
Final Rule Comment Period End  11/06/2024 
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 1615-AC92  Related Agencies: Joint: DHS; 
Agency Contact:
Stephanie Gorman
Acting Assistant Director, Office of Policy
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2500,
Falls Church, VA 22041
Phone:703 305-0289