
In a joint regulatory initiative designed to curtail surging migrant apprehensions, the Departments of Homeland Security and Justice enacted an Interim Final Rule establishing a third-country transit restriction for asylum claims.
The Third-Country Ineligibility Standard
Under the new regulation, foreign nationals who enter or attempt to enter the United States across the southern border after traversing another country without applying for protection in that transit country are deemed ineligible for asylum.
DHS leadership defended the measure as essential to preserving adjudicative capacity for bona fide refugees while dismantling the business model of human smuggling syndicates that exploit legal asylum processing backlogs.