when does attorney general sessions asylum ban take effect

by Florence Grimes 3 min read

What are the new asylum policies?

This article summarizes and provides updates on eight such efforts from the Trump administration: (1) the July 2019 third country transit bar; (2) the November 2018 asylum ban; (3) the attorney general’s July 2019 decision purporting to restrict asylum claims based on family membership; (4) the U.S. Citizenship and Immigration Services (USCIS) “Asylum and Internal Relocation Guidance” from July 2019; (5) a May 2019 policy limiting protections for unaccompanied child asylum seekers; (6) April 2019 revisions to the credible fear lesson plan; (7) the use of border patrol officers to conduct asylum screening interviews announced in April 2019; and (8) the “Remain in Mexico” policy announced in January 2019. The article also includes information on the status of litigation surrounding these new policies. 1

What is the third country transit bar?

On July 16, 2019, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) published an interim final rule, “Asylum Eligibility and Procedural Modifications ” or the “Third Country Transit Bar.” The rule renders individuals ineligible for asylum if they arrived in the United States through the southern border on or after July 16, 2019 after having passed through another country en route to the United States, unless they applied for and were denied asylum in at least one other country through which they traveled. The rule contains exceptions for victims of severe forms of trafficking and noncitizens who came to the United States through countries that are not parties to international treaties regarding asylum and refugees. Those who did not apply for asylum on the way to the U.S.-Mexico border might still be eligible for the more limited protection of withholding of removal under the Immigration and Nationality Act (INA) section 241 (b) (3) or protection under the Convention Against Torture. The rule applies to all asylum seekers regardless of country of citizenship, although noncitizens from Mexico will not have passed through any third country en route to the United States and thus will not be subjected to the ban. For more information on this rule, see CLINIC’s FAQs.

When did the Supreme Court order the injunction to stay?

On September 11, 2019, in a 7-2 vote, the U.S. Supreme Court granted the government’s application to stay the district court’s preliminary injunction and its September 9 order restoring the nationwide scope of the injunction.

Who is the acting director of USCIS?

On July 26, 2019, USCIS acting director Ken Cuccinelli posted online an “ Asylum and Internal Relocation Guidance ” message he previously sent to asylum officers in response to what he calls “a crisis at the southern border.”.

Can CBP officers conduct CFIs?

Following an April 29, 2019 presidential memorandum directing DHS to change how the agency administers credible fear interviews (CFIs), it has been widely reported that DHS is assigning some CBP officers to conduct CFI interviews. Pursuant to INA § 235 (b) (l) (A), only asylum officers can conduct a credible fear interview and pursuant to 8 CFR § 208.1 (b), asylum officers must receive “special training in international human rights law, non-adversarial interview techniques, and other relevant national and international refugee laws and principles.” Accordingly, CFIs have always been conducted by USCIS asylum officers who specialize in asylum adjudication, not officers from CBP, which is an immigration law enforcement agency. Advocates fear that CBP agents will be more likely to deny CFIs and return asylum seekers to dangerous conditions in countries from which they fled.

What is the precedential decision in the case of L-E-A?

581 (A.G. 2019), a case in which CLINIC, along with co-counsel, represents Mr. L-E-A-. The narrow holding in the attorney general’s decision is that it “overrule [s] the portion of Matter of L-E-A- discussing whether the proposed particular social group is cognizable.” The partially overruled case is a 2017 Board of Immigration Appeals (BIA) decision, Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), which had affirmed the longstanding precedent that family forms the basis of a cognizable particular social group (PSG).

When did the DHS issue the final rule?

On November 8, 2018, DHS and DOJ issued an interim final rule titled “Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims.”. The next day, the president issued a proclamation, “Addressing Mass Migration Through the Southern Border of the United States.”.

What does a 12 volt battery do?

The 12-volt battery that you find in electric cars has numerous functions. It powers certain features such as the wipers and the lights , and it maintains the responsiveness of the electronics when the car is powered down . It also provides power to radio memory and remote door locks after the car is parked.

Can you jump start an electric car?

One thing that is important to understand is that an electric vehicle is unable to jump start another electric car, even if they are the same type. The 12-volt battery in an electric vehicle cannot provide the kind of power necessary to start another one, so you need to use a traditional vehicle.