Asylum “Transit Ban”

May 12, 2023

Effective May 11, 2023, the Biden administration effected a rule that imposes a rebuttable presumption of ineligibility for asylum for migrants who attempt to cross the southern border without first seeking asylum in a third country through which they have passed. If there are exceptionally compelling circumstances by a preponderance of the evidence, this rule may be rebutted. These new standards do not apply to migrants who crossed the border before May 11, 2023.

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