DHS/DOJ Interim Final Rule on Securing the Border
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 208 and 235
[USCIS Docket No. USCIS–2024–0006]
RIN 1615–AC92
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Part 1208
[A.G. Order No. 5943–2024]
RIN 1125–AB32
Securing the Border
AGENCY: U.S. Citizenship and Immigration Services (‘‘USCIS’’), Department of Homeland Security (‘‘DHS’’); Executive Office for Immigration Review (‘‘EOIR’’), Department of Justice (‘‘DOJ’’).
ACTION: Interim final rule (‘‘IFR’’) with request for comments.
This came after the White House issued a proclamation on June 4, 2024, announcing executive actions that would close the border between ports of entry when there is an average of 2,500 crossings a day over a seven-day period. These actions would restrict asylum during periods of high volumes of border crossings, allow the Biden Administration to remove some migrants immediately from the United States in a matter of hours or days, and prevent these migrants from reentering the country for five years as well as potential criminal prosecution.
President Biden has signed a Presidential Proclamation to temporarily suspend the entry of certain noncitizens at the southern border because there are high numbers of encounters, and the Departments of Homeland Security and Justice issued an interim final rule that restricts asylum eligibility and further enhances consequences at the border.
This suspension of entry and associated measures will apply until 14 calendar days after there has been an average of less than 1,500 encounters over a 7-day period. The suspension of entry will continue to, or again, apply if there has been a 7-day average of 2,500 encounters or more.
AILA Resources
Related Resources
- Featured Issue: Border Processing and Asylum
- ICE Implementation Guidance for Noncitizens Described in the June 3, 2024, Presidential Proclamation
- AILA Press Release: Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum
- White House Proclamation: New Actions to Secure the Border
- White House Fact Sheet: Fact Sheet: President Biden Announces New Actions to Secure the Border
- DHS/DOJ Fact Sheet: Presidential Proclamation to Suspend and Limit Entry and Joint DHS-DOJ Interim Final Rule to Restrict Asylum During High Encounters at the Southern Border