Washington D.C., Jul 15, 2019 / 14:00 pm
The Trump administration announced a new rule on Monday, changing the asylum application process along the U.S.-Mexco border.
The interim rule, which will be published in the Federal Register July 16, will require that anyone seeking asylum at the United States’ southern border must have first applied and been rejected for asylum in any third country they have travelled through. The rule is set to go into effect on Tuesday.
The change in policy means that a person fleeing - for example - Guatemala, who traveled through Mexico before presenting themselves at a legal port of entry into the United States, would first have to claim and be rejected for asylum in Mexico in order to be eligible to claim asylum in the United States.
The new rule brings asylum policy along the southern border in line with current policy along the northern border with Canada. Under the Canada-United States Safe Third Country Agreement, enacted in 2004, a person must make a claim for asylum in either the United States or Canada, depending on where they arrive first. A similar policy, the Dublin Regulation, exists in the European Union.
“Pursuant to statutory authority, the Departments are amending their respective regulations to provide that, with limited exceptions, an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum,” reads the new rule.
The rule will apply to people who apply for asylum or enter the United States after July 16.
In addition to those who have already been rejected for aylum in a third country, “limited exceptions” to the new rule apply to survivors of human trafficking, and those who traveled through a country that has not signed an international treaty regarding refugee management. These people would still be eligible to apply immediately for asylum at the U.S. border.
Currently, a person may apply for asylum at the United States’ southern border, regardless of the number of other countries through which they travelled to arrive there.