DHS and DOJ issue Securing the Border asylum interim final rule

Policy effect

DHS and DOJ issued an interim final rule implementing entry and asylum limitations during emergency border circumstances following the June 2024 presidential proclamation.

Official source excerpt

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

(1)(A), (b)(2)(C), (d)(5)(B); INA 235(b)(1)(B)(iii)(III), (iv), [8 U.S.C. 1225(b)(1)(B)(iii)(III)](https://www.govinfo.gov/link/uscode/8/1225), (iv). ### C. Summary of Provisions of the IFR This IFR adds provisions at [8 CFR 208.13(g)](<https://www.ecfr.gov/current/title-8/section-208.13#p-208.13(g)>), [208.35](https://www.ecfr.gov/current/title-8/section-208.35), [235.15](https://www.ecfr.gov/current/title-8/section-235.15), [1208.13(g)](<https://www.ecfr.gov/current/title-8/section-1208.13#p-1208.13(g)>), and [1208.35](https://www.ecfr.gov/current/title-8/section-1208.35) that effectuate three key changes to the process for those seeking asylum, statutory withholding of removal, or protection under the CAT during emergency border circumstances giving rise to the suspension and limitation on entry under the Presidential Proclamation of June 3, 2024, Securing the Border (“Presidential Proclamation of June 3”): - During emergency border circumstances, persons who enter across the southern border and who are not described in section 3(b) of the Proclamation will be ineligible for asylum unless they demonstrate by a preponderance of the evidence that exceptionally compelling circumstances … CFR 208.35](https://www.ecfr.gov/current/title-8/section-208.35) DHS is adding to [8 CFR part 208](https://www.ecfr.gov/current/title-8/part-208), *Procedures for Asylum and Withholding of Removal,* a new subpart D, *Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances*. Within subpart D, DHS is adding a new § 208.35, *Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances*. This section sets forth a new limitation on asylum eligibility and screening procedures related to the … application of such limitation in expedited removal proceedings and the conduct of credible fear screenings during the emergency border circumstances. This provision applies notwithstanding any contrary provision of part 208. Section 208.35 consists of the following provisions: Paragraph (a) sets forth the limitation on asylum eligibility. Under the rule, a noncitizen is ineligible for asylum if the noncitizen is described in § 208.13(g) and not described in section 3(b) of the Proclamation. This approach is consistent with the general policy of the Proclamation and rule and provides important … Securing the Border) between the dates described in section 1 of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), or between the dates described in section 2(b) of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), refer to the provisions on asylum eligibility described in § 208.35. 3\. Add subpart D, consisting of § 208.35, to read as follows: # Subpart D—Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances [§ 208.35](#sectno-citation-208.35) Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances. Notwithstanding any contrary section of this part, including §§ 208.2, 208.13, 208.30, and 208.33— (a) *Limitation on eligibility.* (1) *Applicability.* An alien who is described in § 208.13(g) and who is not described in section 3(b) of the Presidential Proclamation of June 3, 2024, Securing the Border, is ineligible for asylum. (2) *Exceptions.* (i) This limitation on eligibility does not apply if the alien demonstrates by a preponderance …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2024

• 2024-01-24USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status
• 2024-01-29State Department announces domestic H-1B visa renewal pilot
• 2024-02-26DHS adjusts premium processing fees
• 2024-04-01DHS finalizes USCIS fee schedule changes effective April 2024
• 2024-04-08DHS again temporarily increases EAD automatic extension period to 540 days
• 2024-05-26suspension of the employment limitations is available through November 25, 2025
• 2024-06-05Presidential Proclamation 10773 — Securing the Border
• 2024-06-13Employment relief for Ethiopian F-1 students facing severe economic hardship
• 2024-06-13The Secretary is also redesignating Ethiopia for TPS.
• 2024-07-01HHS unaccompanied children foundational rule takes effect
• 2024-08-19DHS implements Keeping Families Together parole-in-place process
• 2024-08-28DHS corrects T nonimmigrant final rule before effective date
• 2024-09-10Extension of Form I-90 Green Card Validity to 36 Months for Renewals
• 2024-10-02EB-1 Extraordinary Ability Evidentiary Criteria Clarification
• 2024-11-07DHS adds Belize to H-2A and H-2B eligible-country lists
• 2024-12-02DHS and DOL add 64,716 H-2B visas for FY2025