documents in the last year, 46 Thus, the rule is well within the authority conferred by section 208(b)(2)(C). . See, e.g., Am. The HSA also transferred to DHS some responsibility for affirmative asylum applications, i.e., applications for asylum made outside the removal context. <> Moreover, apprehension numbers in past years often reflected individuals being apprehended multiple times over the course of a given year.
Determinations made with respect to this exception will not be binding on Federal departments or agencies in subsequent determinations of eligibility for T or U nonimmigrant status under section 101(a)(15)(T) or (U) of the Act or for benefits or services under 22 U.S.C.

This interim final rule is thus a practical means to address the time-sensitive influx of aliens and avoid creating an even larger short-term influx. After demonstrating eligibility, aliens must further meet their burden of showing that the Attorney General or Secretary should exercise his or her discretion to grant asylum. The bar would be subject to several limited exceptions, for (1) an alien who demonstrates that he or she applied for protection from persecution or torture in at least one of the countries through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in such country; (2) an alien who demonstrates that he or she satisfies the definition of “victim of a severe form of trafficking in persons” provided in 8 CFR 214.11; or (3) an alien who has transited en route to the United States through only a country or countries that were not parties to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, or the CAT. This dramatic increase in credible-fear claims has been complicated by a demographic shift in the alien population crossing the southern border from Mexican single adult males to predominantly Central American family units and unaccompanied alien minors.
Use the PDF linked in the document sidebar for the official electronic format. (L 180) 31, 37. Agencies have previously relied on that exception in promulgating immigration-related interim rules. [10] 2018). Those who applied for protection in at least one transit country, but were denied protection; Victims of severe forms of trafficking (TVPA protections); and, Those who only pass through countries that are not party to the 1951 Convention or the 1967 Protocolos (, Adds new procedural change that screens for new eligibility rule before credible fear screening, If migrant is ineligible based on bar, they are screened for withholding of removal and CAT relief, Heightens the burden of proof for withholding of removal and CAT protection to reasonable-fear standard (“more likely than not that the alien would face persecution or torture; a clear probability that his or her life or freedom would be threatened on account of a protected ground or a clear probability of torture”), All eligibility determinations subject to review by an immigration judge. 6.

See, e.g., Delgado v. Holder, 648 F.3d 1095, 1106 (9th Cir.

on 1101, 1103, 1158, 1226, 1252, 1282; Title VII of Public Law 110-229. See id. <> The United Nations High Commission for Refugees praised the Dublin Regulation's “commendable efforts to share and allocate the burden of review of refugee and asylum claims.” See UN High Comm'r for Refugees, UNHCR Position on Conventions Recently Concluded in Europe (Dublin and Schengen Conventions), 3 Eur. 2012) (noting that fraud can be “one of the `additional limitations . (5)(i) Except as provided in this paragraph (e)(5)(i) or paragraph (e)(6) of this section, if an alien is able to establish a credible fear of persecution but appears to be subject to one or more of the mandatory bars to applying for, or being granted, asylum contained in section 208(a)(2) and 208(b)(2) of the Act, or to withholding of removal contained in section 241(b)(3)(B) of the Act, the Department of Homeland Security shall nonetheless place the alien in proceedings under section 240 of the Act for full consideration of the alien's claim, if the alien is not a stowaway. This represents an increase of more than 100,000 cases (or a greater than 13 percent increase in the number of pending cases) since the start of FY 2019. See 83 FR at 55950. The authority citation for part 1003 continues to read as follows: Authority: 1158(d)(5)(B). Economic migrants are not eligible for asylum. documents in the last year, 1002 See Aliens Subject to a Bar on Entry Under Certain Presidential Start Printed Page 33834Proclamations; Procedures for Protection Claims, 83 FR 55934 (Nov. 9, 2018).

More recently, the Attorney General and Secretary invoked section 208(b)(2)(C) to limit eligibility for asylum for aliens subject to a bar on entry under certain presidential proclamations. v. Nat'l Treasury Emps. Document Drafting Handbook

[3] 1985) (the foreign affairs exemption facilitates “more cautious and sensitive consideration of those matters which so affect relations with other Governments that . Access the entire Federal Register Notice. <>>> . Immigration Lawyers Ass'n v. Reno, 18 F. Supp. Public Law 104-208, div. is significantly higher than the standard for asylum[,] . 1982). 1231(b)(3), and claims for protection under the CAT regulations, as they are for asylum claims. These provisions continue to refer only to the Attorney General, but the Departments interpret the provisions to also apply to the Secretary by operation of the HSA, Public Law 107-296. In recent years, the United States has seen a large increase in the number and proportion of inadmissible aliens subject to expedited removal who claim a fear of persecution or torture and are subsequently placed into removal proceedings before an immigration judge. and services, go to 7105 or 8 U.S.C. 8 CFR 1240.8(d); see also, e.g., Rendon v. Mukasey, 520 F.3d 967, 973 (9th Cir. on it remains within the Attorney General's discretion to deny asylum.”). 553(a)(1), and proceeding through notice and comment may “provoke definitely undesirable international consequences,” City of New York v. Permanent Mission of India to United Nations, 618 F.3d 172, 201 (2d Cir. See INA 208(b)(1)(A), 8 U.S.C. See Sall v. Gonzales, 437 F.3d 229, 233 (2d Cir.

The new bar established by this regulation does not modify withholding or deferral of removal proceedings. Only official editions of the that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C.


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