An unpublished Rule by the Executive Office for Immigration Review and the Homeland Security Department on 07/16/2019 — This document is unpublished. It is scheduled to be published on 07/16/2019. Once it is published it will be available in an official form at federalregister.gov/d/2019-15246, and on govinfo.gov2 after the effective date of this rule.
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COLLEEN LONG, Associated Press Updated: Jul 15, 2019 / 10:36 AM MDT reports:
...[...]… According to a new rule published in the Federal Register , asylum seekers who pass through another country first will be ineligible for asylum at the U.S. southern border. The rule, expected to go into effect Tuesday, also applies to children who have crossed the border alone.
The rule applies to anyone arriving at the U.S.-Mexico border. Sometimes asylum seekers from Africa , Cuba or Haiti and other continents arrive there, but the vast majority of migrants arriving recently come from Central America .
There are some exceptions, including for victims of human trafficking and asylum-seekers who were denied protection in a country. If the country the migrant passed through did not sign one of the major international treaties governing how refugees are managed (though most Western countries signed them) a migrant could still apply for U.S. asylum. ...[...]…
Reuters, 2:40pm CDT:
The American Civil Liberties Union called the new rule “patently unlawful” and vowed to file a lawsuit.
Related → WZZM-13, Grand Rapids, MI
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SUMMARY of unpublished Rule scheduled to be published on 07/16/2019 :
The Department of Justice and the Department of Homeland Security (“DOJ,”“DHS,” or collectively, “the Departments”) are adopting an interim final rule (“interim rule” or“rule”) governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States.Pursuant to statutory authority, the Departments are amending their respective regulations top provide that, with limited exceptions, an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum. This basis for asylum ineligibility applies only prospectively to aliens who enter or arrive in the United States on or after the effective date of this rule. In addition to establishing a new mandatory bar for asylum eligibility for aliens who enter or attempt to enter the United States across the southern border after failing to apply for protection from persecution or torture in at least one third country through which they transited en route to the United States, this rule would also require asylum officers and immigration judges to apply this new bar on asylum eligibility when administering the credible-fear screening process applicable to stowaways and aliens who are subject to expedited removal under section 235(b)(1) of the Immigration and Nationality Act. The new bar established by this regulation does not modify withholding or deferral of removal proceedings.Aliens who fail to apply for protection in a third country of transit may continue to apply for withholding of removal under the Immigration and Nationality Act (“INA”) and deferral of removal under regulations issued pursuant to the legislation implementing U.S. obligations under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.