Asylum Eligibility and Procedural Modifications for Third-Country Transits

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateJuly 16, 2019

CategoryAsylum or protection

Policy toolEligibility

Affected groupAliens who enter, attempt to enter, or arrive in the united states across the southern land border on or after july 16, 2019, after transiting through at least one third country en route to the united states.

Policy effect

Establishes a mandatory bar to asylum eligibility for any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, subject to specific exceptions.

Conditions and exceptions

Validated condition or limit: Establishes a mandatory bar to asylum eligibility for any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, subject to specific exceptions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, shall be found ineligible for asylum … Effective date: This rule is effective July 16, 2019. … any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States … (i) The alien demonstrates that he or she applied for protection from persecution or torture in at least one 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, and the alien received a final judgment denying the alien protection in such country; (ii) The alien demonstrates that he or she satisfies the definition of ``victim of a severe form of trafficking in persons'' provided in 8 CFR 214.11; or (iii) The only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Federal RegisterOpen official source

Retrieved from https://www.federalregister.gov/documents/full_text/text/2019/07/16/2019-15246.txt

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-82e63c2c1e64a0200af2. Something wrong? Flag this record.

Asylum Eligibility and Procedural Modifications for Third-Country Transits

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2019