Asylum bar vacated as contrary to statute

Date: 2019-08-02
Entry type: court-ruling
Current status: Rule vacated in 2019; paired proclamation expired by its own terms.
Last reviewed: 2026-09-03

A federal court vacated the rule paired with Trump's Proclamation 9822 because Congress allowed people physically present in the United States to apply for asylum regardless of how they entered.

Entities and roles

Donald J. Trumpproclamation issuer and named defendant
2018 asylum entry-bar rule and Proclamation 9822vacated asylum restriction

Claims and evidence

factruled-unlawful
The district court held that the asylum entry-bar rule conflicted with 8 U.S.C. 1158(a)(1), vacated the rule, and explained that Proclamation 9822 was paired with that rule; the proclamation itself stated that its suspension would expire after 90 days or an earlier qualifying agreement.
- United States District Court for the District of Columbia: O.A. v. Trump, 404 F. Supp. 3d 109 (D.D.C. 2019)Memorandum opinion at 45-51; order at 76-77
- Office of the Federal Register: Proclamation 9822: Addressing Mass Migration Through the Southern Border of the United StatesSections 1-2, 83 FR 57663