DHS, DOJ Announce Rule to Bar Asylum for Aliens Who Pose Security Threats and Public Health Risks
The Department of Homeland Security (DHS) today announced a Federal Register notice that clarifies when aliens may be ineligible for asylum or withholding of removal because they pose a danger to the security of the United States due to certain public health emergencies.
Effective date and application
DHS and the Department of Justice (DOJ) published the Security Bars and Processing final rule in December 2020, but its effective date was continually delayed.
Key changes
The Department of Homeland Security (DHS) today announced a Federal Register notice that clarifies when aliens may be ineligible for asylum or withholding of removal because they pose a danger to the security of the United States due to certain public health emergencies.
DHS and the Department of Justice (DOJ) published the Security Bars and Processing final rule in December 2020, but its effective date was continually delayed. In the updated final rule, the Departments are withdrawing certain outdated amendments from the 2020 rule while leaving the rule’s practical public health-related provisions unaltered. These changes allow DHS and DOJ to retain the ability to consider public health risks as a security risk bar to asylum and withholding of removal in the event of a public health emergency. The 2025 final rule will become effective on Dec. 31, 2025.
On Dec. 2, U.S. Citizenship and Immigration Services placed a hold on all asylum applications pending a comprehensive review. This final rule is an additional step in our ongoing efforts to support the priorities of the Trump administration by ensuring that aliens who would pose a danger to the security of the United States are not granted asylum or withholding of removal.
