Comments Opposing Proposed Regulation Barring Asylum to Those Entering Between US Ports of Entry

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection.”

The Rule, which was published in the Federal Register on November 9, 2018 and which has commonly been termed an “asylum ban,” is contrary to existing law and is based on demonstrably false premises.  Although the rule has not yet taken effect due to ongoing litigation, if the rule does get implemented, it would bar migrants who cross the border without authorization between ports of entry at the U.S.-Mexico border from seeking asylum outside of official ports of entry. 

Further, implementation of the rule would strip fundamental protections from vulnerable individuals fleeing persecution and would undermine America’s legacy as a leader on the global stage.