DHS Publishes Final Rule for the Application of Certain Mandatory Bars in Fear Screenings

Key changes

As part of our continued efforts to deliver more timely consequences for noncitizens encountered who do not have a legal basis to remain in the United States—efforts that have resulted in a 60% decrease in unlawful entries since June 4—the Department of Homeland Security has finalized the rule for the Application of Certain Mandatory Bars in Fear Screenings, following publication of the Notice of Proposed Rulemaking in May 2024.

This rule will enhance operational flexibility by allowing asylum officers to consider whether certain noncitizens are barred from asylum or withholding of removal based on national security or public safety grounds during credible fear and reasonable fear screenings . Even though the number of aliens who are subject to these bars is small, this rule will enable DHS to more quickly remove those who pose a risk to national security or public safety.

Federal law already bars individuals who pose a national security or public safety risk from receiving asylum and withholding of removal, specifically those who have been convicted of a particularly serious crime; ordered, incited, assisted, or otherwise participated in the persecution of another on account of a protected ground; committed a serious nonpolitical crime outside the United States; are inadmissible on national security or terrorism-related grounds; or for whom there are reasonable grounds to deem them a danger to the security of the United States. Existing regulations prevented asylum officers from applying these bars during the initial screening determination. This final rule gives asylum officers the authority to consider them during credible fear or reasonable fear screenings. This allows DHS to expeditiously remove individuals who pose a threat to the United States much sooner than is currently the case, more efficiently safeguarding the security of our border and our country.

This rule is another step in DHS’s ongoing efforts to ensure the safety of the American public. This includes: working with foreign partners to identify individuals of concern at the earliest point in their travels and prevent that travel before they arrive at our borders; strengthening our screening and vetting processes in partnership with our interagency and law enforcement partners to identify individuals of concern and take appropriate action, including denying entry or placing them in detention; and expanding the tools we have to prevent the release of individuals who pose a national security or public safety threat and to obtain removal orders for those individuals, including ensuring that immigration judges are provided with relevant classified information.