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While existing asylum law allows someone to apply for asylum regardless of their immigration status, a new rule implemented by the Biden administration in May 2023 creates additional barriers for many asylum seekers.

Under the new rule, most asylum seekers would be presumed ineligible for asylum unless they or an accompanying family member have either:

• Received advance permission to travel to the U.S. through a DHS-approved parole process,
• Used a DHS-approved system such as the CBP One phone app to schedule an appointment in advance at a port of entry, or
• Have already sought and been denied protection in another country while in transit to the United States.

This new asylum rule adds a complicated layer to existing asylum law and is being challenged in court as unlawful. In the meantime, it challenges existing law that allows asylum seekers to pursue their claims regardless of their means of entry.

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