DOJ & DHS Announces a New 3rd Country Asylum Rule "Adding a New Bar for Entry Accross Southern Boarder"

[tacobell fan]

07/15/2019: DOJ & DHS Announces a New 3rd Country Asylum Rule "Adding a New Bar for Entry Accross Southern Boarder"

• DOJ and DHS have jointly announced today that they will publish interim final rule rule tomorrow add a new bar to eligibility for asylum for an alien who enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States.
• The bar will be subject to the following three limited exceptions, including:
  • (1) an alien who demonstrates that he or she applied for protection from persecution or torture in at least one of the countries through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in such country;
  • (2) an alien who demonstrates that he or she satisfies the definition of "victim of a severe form of trafficking in persons" provided in 8 C.F.R. § 214.11; or,
  • (3) an alien who has transited en route to the United States through only a country or countries that were not parties to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
• This Interim Final Rule will be published in the federal register tomorrow. The advance copy is available here.