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DHS and DOJ Publish New Asylum Rules

Today, the Department of Homeland Security and the Department of Justice published an interim final rule regarding asylum eligibility. The rule, among other things, establishes a mandatory bar for asylum eligibility for individuals who pass through a third country and then enter or attempt to enter the United States via the southern border, without having first applied for protection/asylum in at least one of the countries they passed through before reaching the U.S. The new rule is effective as of today, and only applies prospectively to those who enter on or after this date. Comments on the rule will be accepted until August 15, 2019. While we expect a lot of opposition to the rule, given this Administration’s track record and hatred of all things immigration, we do not expect much, if any, changes to the final rule. It will likely have to be challenged in federal court.


The text of the interim final rule can be found here.


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