DHS and DOJ Final Rule Establishing an Asylum “Transit Ban”

DHS and DOJ final rule “Circumvention of Lawful Pathways,” which establishes, for a two-year period, a rebuttable presumption of asylum ineligibility for certain noncitizens who enter at the southwest border (or adjacent coastal borders) without documentation and traveled through a country that is a signatory to the 1951 Refugee Convention or its 1967 Protocol. The rule is effective 5/11/23. Comments on expanded applicability of the rule in the maritime context will be accepted through 6/15/23. (88 FR 31314, 5/16/23)


8 CFR Part 208

[CIS No. 2744–23; Docket No: USCIS 2022– 0016]

RIN 1615–AC83


Executive Office for Immigration Review

8 CFR Parts 1003 and 1208

[A.G. Order No. 5660–2023]

RIN 1125–AB26

Circumvention of Lawful Pathways

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security; Executive Office for Immigration Review, Department of Justice.

ACTION: Final rule; request for comments on expanded applicability in maritime context.

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Cite as AILA Doc. No. 23051000.

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