The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have announced a final rule published in the Federal Register that clarifies circumstances under which individuals may be ineligible for asylum or withholding of removal due to security concerns arising from certain public health emergencies.
Background
The original Security Bars and Processing rule was introduced in December 2020 but faced multiple delays in implementation. The updated 2025 final rule removes outdated provisions from the 2020 version while maintaining the core public health-related measures. These provisions allow DHS and DOJ to consider public health risks as a security factor when determining asylum eligibility during declared emergencies.
Key Details
- The rule affirms that public health emergencies can be considered a security risk in asylum and withholding of removal cases.
- The updated rule will take effect on December 31, 2025.
Impact on Current Processes
Earlier this month, US Citizenship and Immigration Services (USCIS) placed a temporary hold on all pending asylum applications to allow for a comprehensive review. This final rule represents an additional step in ensuring that immigration processes account for both national security and public health considerations.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.