On November 9, 2018, President Trump issued a broad Presidential Proclamation drastically changing when individuals who enter the United States through Mexico may apply for asylum. The new restrictions are scheduled to last 90 days, at which point the President has the authority to renew the restriction
Under current U.S. law (and in compliance with numerous international treaties that the U.S. is a party of), all individuals who enter the United States (either legally through an official port of entry, or illegally), are entitled to apply for asylum within a year of entering the United States. Under President Trump’s proclamation, all asylum seekers who cross into the United States across the U.S./Mexico border must apply for asylum at an official point of entry. Individuals who cross the U.S./Mexico border illegally (without going through an official point of entry), will be barred from applying for asylum.
The new policy has some important limitations. First, it only applies to individuals who cross into the United States along the U.S./Mexico border. Individuals who legally enter the United States through another avenue (such as an airport), still have the right to apply for asylum within a year of entering the United States. These individuals can continue to file for asylum by filing an asylum application with U.S. Citizenship and Immigration Services, or in immigration court (if they are served a Notice to Appear in immigration court.