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1 1 (September 21, 2023)

handle is hein.crs/govemxf0001 and id is 1 raw text is: Congressional_______ ~ Research Service The Biden Administration's Final Rule on Arriving Aliens Seeking Asylum (Part One) September 21, 2023 The Department of Homeland Security (DHS) and Department of Justice (DOJ) issued a final rule in May 2023 that would, for at least a two-year period, make some aliens ineligible for asylum if they arrive at the southwest land border or adjacent coastal borders without valid entry documents after having traveled through another country. The rule was issued in anticipation of increased migration at the U.S. Southwest border following the termination of a public health order (known as the Title 42 order) issued in response to the COVID-19 pandemic. The promulgation of the rule has raised questions as to whether its asylum limitations violate international treaties and federal statutory requirements. In one case, plaintiffs argued that the 2023 rule resembles rules issued by DOJ and DHS during the Trump Administration that were successfully challenged in courts and blocked from implementation. The agencies have argued that there are important distinctions between the rules that place the 2023 rule on stronger legal footing. In the ongoing litigation, a federal district court vacated the rule, determining that it violated the Administrative Procedure Act. The Ninth Circuit stayed that decision pending adjudication of the government's appeal. As a result, the rule remains in effect. This Legal Sidebar, which examines the statutory framework governing individuals arriving at the border seeking asylum, as well as the final rule and prior executive branch policies restricting asylum access, is the first in a two-part series discussing the 2023 rule. The second Sidebar, focused on the rule's legal considerations, pending litigation, and options for Congress, is available here. Background Statutory Framework Governing Arriving Aliens Seeking Asylum Under 8 U.S.C. § 1225(b)(1), aliens arriving at designated ports of entry, or who recently entered the United States between ports of entry, without valid documents are subject to expedited removal. However, if an alien placed in expedited removal proceedings indicates either an intent to seek asylum or a fear of returning to a particular country, the alien is referred to an asylum officer for a credible fear interview. This initial interview is not intended to fully assess the alien's claims, but to determine whether there is a significant possibility the alien could establish eligibility for one of three forms of humanitarian protection: asylum, withholding of removal, or protection under the Convention Against Torture (CAT). Congressional Research Service https://crsreports.congress.gov LSB11044 CRS Legal Sidebar Prepared for Members and Committees of Congress

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