USCIS and EOIR Final Rule on Bars to Asylum Eligibility

USCIS and EOIR final rule that adds seven additional mandatory bars to eligibility for asylum. The rule also sets forth criteria for determining whether a vacated, expunged, or modified conviction or sentence should be recognized for purposes of determining whether an individual is eligible for asylum, and removes the provision at 8 CFR §208.16(e) and §1208.16(e) regarding reconsideration of discretionary denials of asylum. The final rule is effective 11/20/20. (85 FR 67202, 10/21/20)

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• Federal Judge Issues Nationwide Injunction Against Rule Restricting Asylum Eligibility (Pangea Legal Services et al., v. DHS, et al., 11/19/20)
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• DOJ Press Release: The Departments of Justice and Homeland Security Publish Final Rule to Restrict Certain Criminal Aliens’ Eligibility for Asylum – October 20, 2020
• USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility (84 FR 69640, 12/19/19)
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