United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2018_register executive 2019-04-02 article Rules and Regulations D09002ee1c7dee42d D09002ee1c7dee590 United States Department of Homeland Security originator org United States Government Agency or Subagency United States Department of Justice originator org United States Government Agency or Subagency United States Executive Office for Immigration Review originator org United States Government Agency or Subagency 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 are subject to, but contravene, a suspension or limitation on entry into the United States through the southern border with Mexico that is imposed by a presidential proclamation or other presidential order ("a proclamation") under section 212(f) or 215(a)(1) of the Immigration and Nationality Act ("INA"). Pursuant to statutory authority, the Departments are amending their respective existing regulations to provide that aliens subject to such a proclamation concerning the southern border, but who contravene such a proclamation by entering the United States after the effective date of such a proclamation, are ineligible for asylum. The interim rule, if applied to a proclamation suspending the entry of aliens who cross the southern border unlawfully, would bar such aliens from eligibility for asylum and thereby channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner. This rule would apply only prospectively to a proclamation issued after the effective date of this rule. It would not apply to a proclamation that specifically includes an exception for aliens applying for asylum, nor would it apply to aliens subject to a waiver or exception provided by the proclamation. DHS is amending its regulations to specify a screening process for aliens who are subject to this specific bar to asylum eligibility. DOJ is amending its regulations with respect to such aliens. 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 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"). 83 FR 55934 https://www.govinfo.gov/app/details/FR-2018-11-09/2018-24594 2018-24594 fr09no18-3 RIN 1615-AC34 RIN 1125-AA89 4410-30-P; 9111-97-P EOIR Docket No. 18-0501 A.G. Order No. 4327-2018 https://www.govinfo.gov/app/details/FR-2018-11-09/2018-24594 https://www.govinfo.gov/content/pkg/FR-2018-11-09/html/2018-24594.htm https://www.govinfo.gov/content/pkg/FR-2018-11-09/pdf/2018-24594.pdf Legal Services Organization and Functions (Government Agencies) Administrative Practice and Procedure Aliens Immigration Reporting and Recordkeeping Requirements 20 p. 55934 55953 83 FR 55934 Title 8 Part 1003 8 CFR Part 1003 Title 8 Part 1208 8 CFR Part 1208 Title 8 Part 208 8 CFR Part 208 RIN 1615-AC34 RIN 1125-AA89 Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims; Federal Register Vol. 83, Issue RULE 2018-24594 DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF JUSTICE Executive Office for Immigration Review 2018-11-09 EOIR Docket No. 18-0501 A.G. Order No. 4327-2018 4410-30-P; 9111-97-P 2018-24594 Interim final rule; request for comment.

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 are subject to, but contravene, a suspension or limitation on entry into the United States through the southern border with Mexico that is imposed by a presidential proclamation or other presidential order ("a proclamation") under section 212(f) or 215(a)(1) of the Immigration and Nationality Act ("INA"). Pursuant to statutory authority, the Departments are amending their respective existing regulations to provide that aliens subject to such a proclamation concerning the southern border, but who contravene such a proclamation by entering the United States after the effective date of such a proclamation, are ineligible for asylum. The interim rule, if applied to a proclamation suspending the entry of aliens who cross the southern border unlawfully, would bar such aliens from eligibility for asylum and thereby channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner. This rule would apply only prospectively to a proclamation issued after the effective date of this rule. It would not apply to a proclamation that specifically includes an exception for aliens applying for asylum, nor would it apply to aliens subject to a waiver or exception provided by the proclamation. DHS is amending its regulations to specify a screening process for aliens who are subject to this specific bar to asylum eligibility. DOJ is amending its regulations with respect to such aliens. 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 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").

Effective date: This rule is effective November 9, 2018. Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2616, Falls Church, VA 22041, Contact Telephone Number (703) 305-0289 (not a toll-free call). Legal Services Organization and Functions (Government Agencies) Administrative Practice and Procedure Aliens Immigration Reporting and Recordkeeping Requirements Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims , http://www.regulations.gov www.regulations.gov Vol. 83, no. 218 Office of the Federal Register, National Archives and Records Administration 2018-11-09 continuing daily deposited born digital 331 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2018-11-09 P0b002ee1a03a814d 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr09no18 https://www.govinfo.gov/app/details/FR-2018-11-09 https://www.govinfo.gov/content/pkg/FR-2018-11-09/pdf/FR-2018-11-09.pdf https://www.govinfo.gov/content/pkg/FR-2018-11-09/xml/FR-2018-11-09.xml fdlp 55931 56253 DGPO 2019-04-02 2024-06-01 FR-2018-11-09 machine generated eng FR FR-2018-11-09 83 218