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DHS/USCIS RIN: 1615-AC44 Publication ID: Spring 2020 
Title: Asylum Eligibility and Procedural Modifications 
Abstract:

The Department of Justice and the Department of Homeland Security (DOJ, DHS, or collectively, the Departments) 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 Homeland Security(DHS)  Priority: Other Significant 
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 208    8 CFR 1008    8 CFR 1208   
Legal Authority: 8 U.S.C. 1158, 1231(b)(3) and 1231 (note)   
Legal Deadline:  None
Timetable:
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  06/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AA91  Related Agencies: Joint: DOJ/EOIR; 
Agency Contact:
Maureen A. Dunn
Chief, Humanitarian Affairs Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, Suite 1200, 20 Massachusetts Avenue NW,
Washington, DC 20529
Phone:202 272-8377
Fax:202 272-1480