DHS, DOJ Move To Enforce Security And Public Health Bars On Asylum Claims

News Americas, NEW YORK, NY, Tues. Dec. 30, 2025: The U.S. Department of Homeland Security, (DHS), and the Department of Justice, (DOJ) have finalized a rule that clarifies when asylum seekers may be barred from receiving protection in the United States if they are deemed to pose a national security or public health risk.

Protesters march through frigid conditions, with temperatures near 10 degrees Fahrenheit (minus 12 Celsius), in a neighborhood in Minneapolis, Minnesota, on December 20, 2025, where many Somali, Latino and Hispanic immigrants live and work, during the “MN Love Our Immigrant Neighbors – ICE Out of MN!” rally calling for the removal of US Immigration and Customs Enforcement from Minnesota. (Photo by Kerem YUCEL / AFP via Getty Images)

According to a Federal Register notice released Monday, the updated regulation affirms that public health emergencies may be considered a security-related bar to asylum and withholding of removal. The rule is scheduled to take effect tomorrow, December 31, 2025.

The final rule updates a regulation first introduced in December 2020 under the Trump administration, known as the Security Bars and Processing rule. While the original rule’s implementation was repeatedly delayed, the revised version removes certain outdated provisions while preserving the government’s authority to factor public health risks into asylum determinations.

DHS said the changes ensure that federal agencies retain the ability to deny asylum or withholding of removal to individuals whose presence could threaten U.S. security during declared public health emergencies.

“This final rule allows DHS and DOJ to consider public health risks as a security-related bar to asylum and withholding of removal when warranted,” the agency said in its notice.

The announcement follows a December 2 decision by U.S. Citizenship and Immigration Services (USCIS) to place a temporary hold on all asylum applications while a comprehensive review of the asylum system is conducted.

Federal officials described the new rule as part of a broader effort to align immigration enforcement with the Trump administration’s security priorities. DHS stated that the measure is intended to ensure that individuals who may pose risks to public safety or national security are not granted humanitarian protections under U.S. immigration law.

The regulation does not introduce new public health standards but maintains existing authority for immigration officials to assess whether an applicant’s circumstances fall within established security bars during emergency situations.

Immigration advocates have historically expressed concern about the use of broad security-based criteria in asylum cases, warning that such measures can restrict access to protection for vulnerable populations. Government officials, however, argue that the rule provides necessary clarity and flexibility during periods of national or global health crises.

With the rule set to take effect at the end of the year, asylum seekers and legal practitioners are expected to monitor further guidance from DHS and DOJ regarding how the standards will be applied in practice.

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