The Circumvention of Lawful Pathways Asylum Rule — In Effect, Then Expired, Then Vacated
DHS and DOJ's Circumvention of Lawful Pathways rule took effect May 11, 2023 (published May 16, 2023): a noncitizen who entered at the southwest border between ports of entry, or without a pre-scheduled appointment, was presumed ineligible for asylum unless they'd applied for and been denied protection in a country they transited through, subject to exceptions (unaccompanied children, certain medical or safety emergencies, a scheduled appointment, among others).
Published
2023-05-11
Summary
DHS and DOJ's Circumvention of Lawful Pathways rule took effect May 11, 2023 (published May 16, 2023): a noncitizen who entered at the southwest border between ports of entry, or without a pre-scheduled appointment, was presumed ineligible for asylum unless they'd applied for and been denied protection in a country they transited through, subject to exceptions (unaccompanied children, certain medical or safety emergencies, a scheduled appointment, among others). It was written to sunset after 24 months.
Current status
The rule expired on its own terms on May 11, 2025 — anyone entering after that date is no longer subject to it. For someone who entered between May 11, 2023 and May 11, 2025, a federal court (Judge Tigar, N.D. Cal.) separately reaffirmed on May 7, 2026 an earlier order vacating the rule nationwide as unlawful, meaning agencies and immigration judges should no longer hold a border crossing during that window against an asylum applicant's eligibility under this rule — unless a higher court stays that order. Whether a specific pending case is actually being handled consistently with that ruling isn't something this app can confirm.
Source: Federal Register: Circumvention of Lawful Pathways
CaseWhy Plus
If you're tracking a case, get an answer grounded in this specific policy and your case's own facts.
General policy background, not a diagnosis of any specific case — CaseWhy's own case status API never confirms why a case is delayed. For guidance specific to your case, talk to a licensed immigration attorney.