“Circumvention of Lawful Pathways,” a regulation that went into effect on May 11, 2023 created a presumption of asylum ineligibility at the southern border, has a number of exceptions allowing individuals limited access to asylum. One exception that has proven particularly difficult for asylum seekers and advocates is the family unity exception. It states that if a noncitizen can prove that they would be eligible for asylum but-for CLP, and if they have derivatives who would NOT qualify for asylum independently, the noncitizen may qualify for asylum. Under this provision, the noncitizen must show their derivatives' ineligibility for asylum - essentially undermining their asylum claims, creating a unique ethical issue. This provision also appeared in this summer’s Securing the Border regulation. This roundtable will discuss strategies to handle CLP's family unity exception with special focus on these ethical considerations.

This roundtable is presented by AILA's Asylum and Refugee Committee.

AILA Video Roundtables are free interactive learning opportunities hosted by faculty selected for their expertise, with an emphasis on discussion and Q&A. This roundtable is available only to AILA members and is not CLE eligible. The free recording will be available 7-10 business days following the live event.