New DHS and DOJ Rule Bars Asylum for Security and Public Health Threats

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have announced a new rule that reinforces and clarifies when an individual may be barred from asylum or withholding of removal due to national security concerns or public health risks. This rule has important implications for asylum seekers, particularly during declared public health emergencies.

Overview of the New Rule

The rule, announced by DHS and DOJ, addresses asylum eligibility for individuals who are determined to pose a threat to the security of the United States. It builds on prior regulations and clarifies how security-related bars apply in the context of modern public health emergencies.

According to DHS, the rule is intended to ensure that asylum protections are not extended to individuals whose presence in the United States could endanger public safety, national security, or public health during officially declared emergencies.

Security-Based Bars to Asylum

U.S. immigration law has long included security-related bars that can make a person ineligible for asylum or withholding of removal. These include individuals involved in terrorism, espionage, or other activities that threaten national security.

• Engaging in or supporting terrorist activities
• Threatening the safety or security of the United States
• Participating in serious nonpolitical crimes outside the U.S.

The new rule does not create entirely new security bars but clarifies how existing bars may apply in additional contexts.

Public Health Risks and Asylum Eligibility

A key aspect of the rule is its treatment of public health risks as a potential national security concern during declared public health emergencies. In limited circumstances, DHS and DOJ may determine that an individual’s entry or presence presents a significant danger to public health.

This does not create a blanket bar based on illness or medical conditions. Instead, it applies narrowly during declared emergencies and focuses on whether an individual poses a significant risk that cannot be mitigated.

Practical Impact on Asylum Cases

This rule may affect how asylum officers and immigration judges evaluate cases during credible fear interviews, reasonable fear interviews, and full asylum hearings.

• Asylum officers may raise security or public health concerns earlier in the process
• Applicants may need stronger legal arguments to overcome alleged security bars
• Cases involving detention or expedited removal may be impacted more quickly

Because the rule involves discretionary and fact-specific determinations, legal representation is especially important.

What Asylum Seekers Should Do Now

If you have a pending asylum case or are considering applying for asylum, it is critical to understand how this rule may affect your eligibility. Every case is unique, and the application of security or public health bars depends on specific facts.

An experienced immigration attorney can evaluate your case, identify potential risks, and develop legal strategies to protect your rights under U.S. immigration law.