Published: June 29, 2023
The Circumventing Lawful Pathways (CLP) rule officially came into effect on May 11, 2023.
What does the CLP do?
The CLP introduces a rebuttable presumption of ineligibility for asylum based on how an asylum seeker entered the United States and whether they applied for protection in a country they transited through on their way here.
Who does the CLP apply to?
The CLP applies to individuals who entered through the U.S.-Mexico border or adjacent coastal border without proper documents for lawful entry between May 11, 2023, and May 11, 2025. It also applies to those who traveled through a country other than their own, provided that country is a party to the 1951 Convention or 1967 Protocol on the Status of Refugees.
Exceptions to the regulation include:
- unaccompanied children
- Mexican nationals
- individuals with appropriate authorization to seek parole
- individuals who used the CBP One Smart Phone App and presented at a port of entry at their scheduled time.
Overcoming the rebuttable presumption
If an asylum seeker falls under an exception or can demonstrate “exceptionally compelling circumstances,” they may be able to overcome the presumption. These circumstances include:
- acute medical emergencies
- imminent threats to life or safety
- being a victim of severe human trafficking.
Talk to an immigration attorney and know how this new rule can affect you and your loved ones.
We are ALG Lawyers
We understand that these regulatory changes present challenges, and we are here to support you. Stay informed, stay proactive, and together, we can open a world of possibilities.
ALG Lawyers is the leading immigration law firm in Los Angeles with over 20 years of experience providing immigration assistance from asylum applications to visa solutions.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)