On September 11, 2019, the Supreme Court issued an order allowing asylum ban #2 (known as the third country, or transit ban) to remain in effect while the litigation surrounding the ban works its way through the courts. This ban applies to all asylum seekers who (subject to very narrow exceptions):
- Entered or attempted to enter the United States through the southern border on or after July 16, 2019;
- Transited through one or more countries outside of their country of citizenship en route to the United States (i.e. are not Mexican nationals); and
- Did not seek protection from persecution or torture in at least one of those countries and receive a final denial of that request.
NIJC will provide more information on our website about the various asylum bans and NIJC’s involvement in the near future. In the meantime, it’s important that pro bono attorneys understand three key facts about the ban.
- The ban only applies to individuals who entered or attempted to enter the United States on or after July 16, 2019.
- The ban only applies to individuals who entered or attempted to enter the United States through Mexico by land. For example, the ban does not apply to individuals who arrive via plane to an airport in a U.S. border state or anywhere else in the United States.
- Individuals who are ineligible for asylum remain eligible for two other protection-based forms of relief (withholding of removal and Convention Against Torture), but these forms of relief have higher burdens of proof than asylum and do not provide a path to permanent status in the United States.
To reiterate, the ban does not apply to your client if your client entered the United States before July 16, 2019 or if they came to the United States via an airport. NIJC attorneys who have questions about the impact of the ban on their client should contact their NIJC point-of-contact for assistance.