ABSTRACT

District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border [November 27, 2018]   [open pdf - 620KB]

"Prompted by reports of a 'migrant caravan' traveling to the United States through Mexico, on November 9, 2018, the Trump Administration took two actions to make most non-U.S. nationals (aliens) who unlawfully enter the United States (i.e., without inspection or 'between ports of entry') at the southern border ineligible for asylum. In one action, President Trump issued a Presidential Proclamation suspending the entry of aliens at the southern border, other than lawful permanent residents, unless they arrive at designated ports of entry. In the other action, taken a few hours before the issuance of the proclamation, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced new regulations that would make aliens who violate the proclamation ineligible for asylum. Together, the proclamation and new regulations would bar a covered alien at the southern border from pursuing asylum unless the alien arrives at a designated port of entry. (Neither the proclamation nor the new regulations, however, bar unlawful entrants from claiming other forms of relief--besides asylum-- based on persecution or torture if they overcome the stricter screening standards for those protections.)"

Report Number:
CRS Legal Sidebar, LSB10222
Author:
Publisher:
Date:
2018-11-27
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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