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DOJ/EOIR | RIN: 1125-AA91 | Publication ID: Fall 2019 |
Title: ●Asylum Eligibility and Procedural Modifications | |
Abstract:
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). |
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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 |
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Timetable:
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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 Email: pao.eoir@usdoj.gov |