Skip to main content

DOJ and DHS issue interim final rule restricting access to asylum for individuals who enter outside recognized POEs

  1. Original Date Announced

    November 9, 2018

    DOJ and DHS adopt interim final rule stipulating that noncitizens who cross the southern U.S.-Mexico border in contravention of a presidential proclamation will be ineligible for asylum, among other changes to asylum proceedings. [ID #57]

    Federal Register: Interim Final Rule: Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations: Procedures for Protection Claims
  2. Effective Date

    November 9, 2018
  3. Subsequent Trump and Court Action(s)

    • August 2, 2019

      O.A. v. Trump (Aug. 2, 2019)

      D.D.C. vacated interim final rule in separate class action.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • February 28, 2020

      East Bay Sanctuary Covenant Opinion

      The Ninth Circuit upholds the preliminary injunction issued by the N.D. Cal. district court on Dec. 19, 2018. A subsequent en banc review petition was denied.

      Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.

      View Document
    • December 3, 2023

      On December 3, 2023 the U.S. District Court for the District of Columbia dismissed O.A. v. Trump following Biden administration changes to immigration policy.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
  4.  
  5. Biden Administration Action: Under Study

    June 14, 2021

    Noncitizens Subject to a Bar on Entry Under Section 212(f); Procedures for Protection Claims

    This notice made known the Biden administration's intent to modify or rescind the Trump-era policy identified in this entry.

    DOJ and DHS announced their intention to modify or rescind the IFR consistent with Executive Order 14010 of February 2, 2021.

    View Document

Current Status

Not in effect

Most Recent Action

June 14, 2021 Action: Under Study Noncitizens Subject to a Bar on Entry Under Section 212(f); Procedures for Protection Claims
June 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS CBP ICE DHS EOIR

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com