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DHS/USCIS RIN: 1615-AC44 Publication ID: Fall 2021 
Title: Asylum Eligibility and Procedural Modifications 

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.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 208    8 CFR 1008    8 CFR 1208   
Legal Authority: 8 U.S.C. 1158    8 U.S.C. 1231(b)(3) and 1231 (note)   
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  12/17/2020  85 FR 82260   
Final Action Effective  01/19/2021 
NPRM  02/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AA91, Related to 1615-AC69  Related Agencies: Joint: DOJ/EOIR; 
Agency Contact:
Andria Strano
Chief, Humanitarian Affairs Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000