Implementation of the Agreement Between the Government of the United States of America and the Government of Canada Regarding Asylum Claims Made in Transit and at Land Border Ports-of-Entry

• Document number: 04-5077
• Type: Proposed Rule
• Published: March 8, 2004
• Comments close: May 7, 2004
• Agency: Homeland Security Department

Official abstract

On March 1, 2003, the Immigration and Naturalization Service transferred from the Department of Justice to the Department of Homeland Security (DHS), pursuant to the Homeland Security Act of 2002 (Public Law 107-296). The responsibility for administering the asylum program was transferred to U.S. Citizenship and Immigration Services ("USCIS") within DHS. The terms of a recently signed agreement between the United States and Canada bar certain categories of aliens arriving from Canada at land border ports-of-entry and in transit from Canada from applying for protection in the United States. This proposed rule would establish USCIS asylum officers' authority to make threshold determinations concerning applicability of the Agreement in the expedited removal context.

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