DHS, DOJ Rule on Asylum Eligibility for Security and Health Risks

USCIS Policy Alerts

Published December 31st, 2025

Detected March 1st, 2026

Summary

The Department of Homeland Security (DHS) and Department of Justice (DOJ) have issued a final rule, effective December 31, 2025, that withdraws certain outdated amendments from a 2020 rule. This action retains the ability to consider public health risks as a security bar to asylum and withholding of removal during public health emergencies.

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What changed

DHS and DOJ have issued an updated final rule that clarifies when aliens may be ineligible for asylum or withholding of removal due to posing a danger to U.S. security stemming from public health emergencies. While the original "Security Bars and Processing" rule was published in December 2020, its effective date was repeatedly postponed. This new rule, effective December 31, 2025, withdraws specific outdated amendments from the 2020 rule but preserves the core provisions allowing the agencies to consider public health risks as a security bar to asylum during public health emergencies.

This rule is a substantive change that impacts the criteria for asylum eligibility. Regulated entities, specifically those involved in immigration processing and legal representation for asylum seekers, should review the updated provisions to understand how public health risks may now be considered security threats barring asylum. The effective date of December 31, 2025, provides a clear compliance deadline for these updated considerations.

What to do next

Review the updated final rule regarding security bars and processing for asylum eligibility.
Update internal policies and training for asylum officers to reflect the continued consideration of public health risks as security threats.
Ensure all asylum applications are processed in accordance with the rule's provisions effective December 31, 2025.

Source document (simplified)

DHS, DOJ Announce Rule to Bar Asylum for Aliens Who Pose Security Threats and Public Health Risks

Release Date

12/29/2025

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.

Last Reviewed/Updated:

12/29/2025

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