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On December 17, 2020, the Department of Justice and the Department of Homeland Security (DOJ, DHS, or collectively, the Departments”) published a final rule governing asylum claims in the context of noncitizens 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 amended their respective regulations to provide that, with limited exceptions, noncitizens 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 applied prospectively to persons who entered or arrived in the United States on or after the effective date of this rule. The regulations ensured that persons 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). In Executive Order 14010 of February 2, 2021, the President directed the Departments to promptly review and determine whether to rescind the final rule, as well as any agency memoranda or guidance issued in reliance on that rule.