Executive Office for Immigration Review February 23, 2023 – Federal Register Recent Federal Regulation Documents

Circumvention of Lawful Pathways
Document Number: 2023-03718
Type: Proposed Rule
Date: 2023-02-23
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') are issuing a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') in anticipation of a potential surge of migration at the southwest border (``SWB'') of the United States following the eventual termination of the Centers for Disease Control and Prevention's (``CDC'') public health Order. The proposed rule would encourage migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. It would do so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would be implemented on a temporary basis, the number of migrants expected to travel without authorization to the United States is expected to increase significantly, to a level that risks undermining the Departments' continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances. Coupled with an expansion of lawful, safe, and orderly pathways into the United States, the Departments expect the proposed rule to lead to a reduction in the numbers of migrants who seek to cross the SWB without authorization to enter, thereby reducing the reliance by migrants on dangerous human smuggling networks, protecting against extreme overcrowding in border facilities, and helping to ensure that the processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner.
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