Circumventing Lawful Pathways ("CLP") Rule
CLP or as commonly referred to as asylum transit ban has been finalized and is in full effect. As of May 17, 2023, the rules have not been stayed by any federal court, although a lawsuit has been filed in California. There is a lot of misinformation and understandably fear among the immigrant community regarding the rule and its application.
What is CLP?
CLP is, more or less, a rule of punishment. Under 8 CFR §208.33(a)(1), CLP applies to: (1) individuals who entered the country through U.S.-Mexico border or adjacent coastal border without documents for lawful entry; (2) whose entry was between May 11, 2023 and May 11, 2025; and (3) who traveled through a country other than their country of citizenship, nationality, or last habitual residence (stateless persons). Thus, any person who enters illegally through U.S.-Mexico border or other coastal borders is subject to CLP.
This rule requires that persons entering without lawful entry documents are not eligible to apply for asylum if they traveled through through a country other than their own country. This in effect bars everyone to apply for asylum unless the person entered the United States legally via a visa such as student visa etc.
Exceptions to CLP
The rule provides that persons are eligible to apply for asylum if they are presenting at a Port of Entry at their scheduled time. This appointment must be scheduled through CBP One smart phone app (this app its own failures). Persons are also eligible to apply for asylum if they applied asylum in another country through which they traveled or resided and their asylum application was denied and their removal order is final order of removal. Whether this particular removal order becomes final for lack of appeal or whether appeal process must be exhausted remains a mystery.
Unaccompanied children (at time of entry) are eligible to file for asylum. Mexican nationals are excluded from CLP rule and they are eligible to apply for asylum.
For a more detailed review of CLP in Punjabi, watch the full episode of Punjabi Lawyer Podcast-don't' forget to subscribe to our Youtube channel.
Inderraj Singh, Esq., an experienced Immigration Attorney in California, is here to help you and your loved ones get the protections you need and the freedoms enjoyed by everyone else in the United States. Contact us either using our online form or by calling us at 661-599-8884 to schedule a free case assessment. We are here to get you the help you need.
The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court. Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship
