The U.S. Citizenship and Immigration Services (USCIS) announced on Monday, December 29th, that the Department of Homeland Security (DHS) issued a notice in the Federal Register confirming that in certain public health emergencies, foreign nationals posing a threat to U.S. security may not qualify for asylum or withholding of removal.
This announcement referenced the Security Bars and Processing final rule issued by the Trump administration’s DHS and Department of Justice (DOJ) in December 2020, which had its effective date repeatedly delayed.
During the process of updating the rules, outdated provisions from the 2020 rule were withdrawn by both departments while retaining practical terms related to public health. These updates enable DHS and DOJ to limit asylum and withholding of removal applications based on public health and security risks in the event of a public health emergency.
The announcement noted that this final rule is another measure in ongoing efforts to support the priorities of the Trump administration, ensuring that foreign nationals posing a threat to U.S. security “will not receive asylum or withholding of removal protection.”
The updated final rule will take effect on December 31, 2025.
The announcement mentioned that the USCIS had suspended the processing of all asylum applications on December 2nd, pending a comprehensive review.