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Dashboard / Regulations / Securing the Border
Homeland Security Department Doc #2024-12435

Securing the Border

Full Text
Published
June 07, 2024
Summary

On June 3, 2024, the President signed a Proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act ("INA"), finding that the entry into the United States of certain noncitizens during emergency border circumstances would be detrimental to the interests of the United States, and suspending and limiting the entry of those noncitizens. The Proclamation directed DHS and DOJ to promptly consider issuing regulations addressing the circumstances at the southern border, including any warranted limitations and conditions on asylum eligibility. The Departments are now issuing this IFR.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The Proclamation limits the entry of certain noncitizens, potentially affecting their due process rights regarding asylum.

Case Law: Mathews v. Eldridge (1976)
Eighth Amendment – Protection Against Cruel and Unusual Punishment restricts 80% confidence

The limitations on asylum eligibility may lead to situations that could be deemed inhumane or cruel.

Case Law: Furman v. Georgia (1972)
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