On July 15, 2019, the Trump Administration issued new proposed regulations limiting the Safe Third Country rule that will have a significant impact on asylum claims for those entering the United States through the U.S.-Mexico Border. The Safe Third Country rule already limits asylum-seekers from claiming asylum in the United States. It essentially bars people from obtaining asylum who have a safe third country to return to, especially if that country has granted them a form of protection.
The new regulations would require asylum-seekers who travel through at least one country on their way to the United States, to demonstrate that they have applied for asylum or another form of protection from one of those countries, and received a final order denying that protection before being granted asylum in the U.S. Typically, an asylum-seeker will travel through many countries on their journey to the United States, without ever intending on remaining in any of those countries. This rule would require them to overcome additional obstacles before being permitted to claim asylum in the U.S.
This regulation is in effect and will have an immediate impact on the asylum process. It is therefore important to pay close attention to how this rule is applied to all asylum cases in the coming weeks and months.