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DOJ/EOIR RIN: 1125-AA91 Publication ID: Fall 2019 
Title: ●Asylum Eligibility and Procedural Modifications 

The Department of Justice and DHS are adopting an interim final rule governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern border after failing to apply for protection from persecution or torture while in a third country through which they transited by land en route to the United States. Pursuant to statutory authority, the Departments are amending their respective regulations to provide that, with limited exceptions, aliens who enter or attempt to enter the United States across the southern border after failing to apply for protection in a country through which they transited en route to the United States are ineligible for asylum. This basis for asylum ineligibility applies only prospectively to aliens who enter or arrive in the United States on or after the effective date of this rule. 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 Immigration and Nationality Act (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: First time 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 208    8 CFR 1003    8 CFR 1208   
Legal Authority: 8 U.S.C. 1158    8 U.S.C. 1229a   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  07/16/2019  84 FR 33829   
Interim Final Rule Effective  07/16/2019 
Interim Final Rule Comment Period End  08/15/2019 
Final Action  05/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1615-AC44  Related Agencies: Joint: DHS/USCIS; 
Agency Contact:
Raechel Horowitz
Chief, Immigration Law Division, Office of Policy
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800,
Falls Church, VA 22041
Phone:703 305-0289