Publications

On May 16, 2023, the Biden administration published a final rule severely restricting access to asylum: 88 Federal Register 3134, (May 16, 2023).

The Biden asylum ban imposes two main restrictions on access to asylum:

• Entry Ban for an applicant who enters without inspection or presents at a Southern Border port-of-entry outside of a "lawful pathway" after May 11, 2023, who is not eligible for an exception or able to rebut the presumption of the ban's application.
• Transit Ban for an applicant who transited through any country that is party to the UN Refugee Convention/Protocol and who did not apply for and receive a final decision on immigration protection in that country, and who is not eligible for an exception or able to rebut the presumption of the ban's application.

This Practice Advisory provides guidance to pro bono attorneys for evaluating whether the new regulations affect your case and arguments for ensuring your client has access to the U.S. asylum process.