Overview of the Statutory Bars to Asylum: Limitations on Applying for Asylum (Part One) [September 7, 2022] [open pdf - 747KB]
From the Document: "Under Section 208 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. [United States Code] § [section] 1158 [hyperlink], a non-U.S. national ('alien' as the term is used in the INA [hyperlink]) who is physically present in the United States or who arrives in the United States (whether or not at a designated U.S. port of entry) may apply for asylum, regardless of that person's immigration status or whether that person lawfully entered the country. Asylum [hyperlink] is a humanitarian form of relief available to aliens who face persecution in their native countries (or last place of residence if stateless). INA § 208, however, bars some asylum seekers [hyperlink] from asylum. These restrictions fall into two categories: (1) limitations on the ability to 'apply' for asylum and (2) limitations on the ability to be 'granted' asylum. This Legal Sidebar, which discusses statutory bars to applying for asylum, is the first in a two-part series discussing the asylum bars."
CRS Legal Sidebar, LSB10815
Congressional Research Service: https://crsreports.congress.gov/