On October 20, 2020, the Trump Administration announced a new rule that would further bar certain immigrants from obtaining asylum. This new rule set forth by the Department of Justice (DOJ) and the Department of Homeland Security (DHS) will go into effect on November 20, 2020. A copy of the rule can be found here.

This rule will prevent certain immigrants from obtaining asylum based on their criminal history. A DOJ Press Release lists these categories of immigrants including those who are convicted of any federal or state felony, alien smuggling, illegal reentry, gang activity, drunk driving, drug crimes, domestic violence, and other offenses relating to false identification.

The rule also bars immigrants who have committed certain domestic violence offenses even if they have not been convicted.

According to the DOJ, “To ensure that criminal aliens cannot obtain this discretionary benefit, the Attorney General and Secretary of Homeland Security have exercised their regulatory authority to limit eligibility for asylum for aliens who have engaged in specified categories of criminal behavior.”

Immigrant advocates have expressed outrage over this new rule. Human Rights First asserts that this new rule will “disparately impact particularly vulnerable populations, including LGBTQ asylum seekers and asylum seekers from Africa, the Caribbean, Central America, and other regions who are routinely criminalized because of their identities, racially disparate policing practices, or in connection with experiences of trafficking and domestic violence.”

The publication of this rule comes as no surprise given the Trump Administration’s efforts to end immigration to the United States. Whether this rule will be successfully challenged in federal court in the future remains to be seen.