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DOJ/EOIR RIN: 1125-AA87 Publication ID: Fall 2018 
Title: ●Procedures for Asylum 

This rule will amend the regulations related to asylum, including bars to asylum eligibility, the form of an alien’s application for asylum, and the reconsideration of discretionary denials of such applications.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 1208.3    8 CFR 1208.13    8 CFR 1208.16   
Legal Authority: 8 U.S.C. 1158(b)(2)(C)    8 U.S.C. 1229a(c)(4)   
Legal Deadline:  None

Statement of Need:

The rule seeks to better promote the Attorney General’s application of law through his discretionary authorities that statute and existing regulation provide. The Attorney General seeks to clarify and expand upon certain provisions related to asylum.

Summary of the Legal Basis:

The Immigration and Nationality Act provides the Attorney General with the broad and general authority to establish, by regulation, bases for findings of ineligibility for asylum INA 208(b)(2)(C); 8 U.S.C. 1158(b)(2)(C).


The alternative to this rulemaking would be to continue to leave immigration court and BIA adjudicators without clear rules by which they should evaluate applications for asylum and to further burden the backlogged immigration courts with incomplete applications.

Anticipated Costs and Benefits:

There are no anticipated costs associated with the DOJ portion of the rule. EOIR will benefit from the rule’s promulgation by reducing resources spent processing incomplete or invalid asylum claims.


EOIR does not anticipate any risks associated with the DOJ portion of this rulemaking.

Action Date FR Cite
NPRM  12/00/2018 
NPRM Comment Period End  02/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Lauren Alder Reid
Assistant Director, Office of Policy
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800,
Falls Church, VA 22041
Phone:703 305-0289