On November 9, 2018, President Trump issued a proclamation that, in combination with a rule promulgated by DHS and DOJ, bars from seeking asylum any individuals who enter the United States from Mexico between ports of entry. While affected individuals may still seek relief in the form of withholding of removal or protection under the Convention Against Torture, those forms of protection are at once weaker and more difficult to obtain than asylum. The proclamation will remain effective for 90 days—subject to extension— or until the establishment of a so-called “safe third country” agreement with Mexico.
The President’s action guts key due process protections for asylum seekers. Under unambiguous laws passed by Congress, all persons arriving to the United States, whether at or between ports of entry, have the right to seek asylum. Not everyone is eligible for that relief; but everyone deserves a full and fair opportunity to pursue it. The proclamation is a transparent end run around those statutes and has already come under legal challenge.
Interim Final Rule and Presidential Proclamation
- Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States
- DHS and DOJ Joint Interim Final Rule on Asylum Claims Along the Southern Border (83 FR 55934, 11/9/18)
Source: AILA Doc. No. 18110945.