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DOJ/EOIR RIN: 1125-AA89 Publication ID: Fall 2019 
Title: Aliens Subject to a Bar on Entry Under Section 212(f); Procedures for Protection Claims 
Abstract:

On November 9, 2018, the Department of Justice and the Department of Homeland Security (DOJ, DHS, or, collectively, the Departments) adopted an interim final rule governing asylum claims in the context of aliens who are subject to, but contravene, a suspension or limitation on entry into the United States through the southern border with Mexico that is imposed by a Presidential proclamation or other Presidential order (a proclamation) under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (INA). Pursuant to statutory authority, the Departments amended their respective existing regulations to provide that aliens subject to such a proclamation concerning the southern border, but who contravene such a proclamation by entering the United States after the effective date of such a proclamation, are ineligible for asylum. The interim rule, if applied to a proclamation suspending the entry of aliens who cross the southern border unlawfully, would bar such aliens from eligibility for asylum and thereby channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner. This rule would apply only prospectively to a proclamation issued after the effective date of this rule. It would not apply to a proclamation that specifically includes an exception for aliens applying for asylum, nor would it apply to aliens subject to a waiver or exception provided by the proclamation. DHS amended its regulations to specify a screening process for aliens who are subject to this specific bar to asylum eligibility. DOJ is amending its regulations with respect to such aliens. The regulations would ensure that aliens in this category who establish a reasonable fear of persecution or torture could seek withholding of removal under the INA or protection from removal under regulations implementing U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

 
Agency: Department of Justice(DOJ)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 8 CFR 1003    8 CFR 1208   
Legal Authority: 5 U.S.C. 301    6 U.S.C 521    8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1252, 1254a, 1255, 1324d, 1330, 1361, 1362, 1282    28 U.S.C. 509, 510, 1746    sec. 2, Reorg. Plan No. 2 of 1950    3 CFR, 1949-1953 Comp., p. 1002    sec. 203 of Pub. L 105-100, 111 Stat. 2196-200    sec. 1506 and 1510 of Pub. L. 106-386, 114 Stat. 1527-29, 1531-32    sec. 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328    title VII of Pub. L. 110-229   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  11/09/2018  83 FR 55934   
Interim Final Rule Comment Period End  01/08/2019 
Final Action  05/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related Agencies: Joint: DHS; 
Agency Contact:
Lauren Alder Reid
Assistant Director
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2616,
Falls Church, VA 20530
Phone:703 305-0289
Email: pao.eoir@usdoj.gov