Eligibility for Asylum for Migrants Entering Outside an Official Port of Entry — Asylum Ban 1.0

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In November 2018, DHS and DOJ promulgated a rule and President Trump issued a proclamation that, together, made asylum seekers ineligible for asylum if they entered the United States from Mexico between ports of entry.  This ban eliminated critical due process protections for asylum seekers and undermined U.S. law which allows all asylum seekers to pursue asylum whether they arrived to the U.S. at or between ports of entry.

This rule was challenged in the courts in East Bay Sanctuary Covenant v. Trump and O.A. v. Trump.  Pursuant to this litigation, the rule has been enjoined and is not in effect.  However, the government has appealed.