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1 1 (May 15, 2023)

handle is hein.crs/govelpr0001 and id is 1 raw text is: \Congressional ______ R esearch Service The Biden Administration's Final Rule on Arriving Aliens Seeking Asylum Updated May 15, 2023 In anticipation of increased migration at the U.S. Southwest border following the termination of a public health order issued in response to the COVID-19 pandemic (known as the Title 42 order), the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued a final rule 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. Some have argued that the rule bears resemblance to rules issued by DOJ and DHS during the Trump Administration that were subject to legal challenge and blocked from implementation, but the agencies argue that there are important distinctions that place the rule on stronger legal footing. This Legal Sidebar examines the current statutory framework governing individuals arriving at the border seeking asylum, as well as the final rule and prior executive branch policies restricting asylum access. The Sidebar also considers arguments that the rule's asylum limitations may violate international treaty obligations or existing federal statute. The Sidebar concludes with options for Congress. 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). Executive Policies That Impact Asylum Seekers at the Borders Over the years, executive branch officials have taken actions that made it more difficult for certain arriving aliens to seek asylum in the United States. For instance, under a long-standing 2002 U.S .-Canada Congressional Research Service https://crsreports.congress.gov LSB10961 CRS Legal Sidebar Prepared for Members and Committees of Congress

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