WASHINGTON, Dec 29 (Reuters) – The U.S. could deny migrants access to asylum on the grounds they present a public health risk under a newly finalized regulation drafted during the COVID-19 pandemic in President Donald Trump’s first term.
The regulation, effective on Wednesday, allows U.S. authorities to bar asylum based on “emergency public health concerns generated by a communicable disease,” according to a copy posted in the Federal Register on Monday. [See official summary below.]
The restrictions would not have any immediate effect but would provide the Trump administration with another tool to turn away would-be asylum seekers at the U.S.-Mexico border.
When COVID-19 took root in 2020 during Trump’s first term, his administration used a U.S. health authority known as Title 42 to rapidly send migrants caught crossing the border back to Mexico, saying it was needed to limit the spread of the virus.
Advocates have criticized the use of health emergencies to broadly deny access to asylum, saying U.S. law has been twisted to fulfill Trump’s goal of turning away migrants …
Security Bars and Processing; Confirmation of Effective Date; Partial Withdrawal
A Rule by the Homeland Security Department and the Executive Office for Immigration Review on 12/30/2025
- U.S. Citizenship and Immigration Services, Department of Homeland Security
- Executive Office for Immigration Review, Department of Justice
SUMMARY
In December 2020, the Departments published the final rule titled “Security Bars and Processing,” 85 FR 84160 (Dec. 23, 2020) (“Security Bars Final Rule”), to clarify that the statutory “danger to the security of the United States” bars to eligibility for asylum and withholding of removal encompass certain emergency public health concerns.
Additionally, the Security Bars Final Rule introduced procedural changes relating to credible fear processing for certain aliens.
The Security Bars Final Rule was slated to become effective on January 22, 2021; however, the rule’s effective date was delayed multiple times due to a preliminary injunction against a related rule and due to conflicts with other rules issued while it was delayed.
This rule withdraws amendatory instructions of the Security Bars Final Rule that would conflict with amendments made by rules issued while its effective date was delayed or that may otherwise cause confusion.
The rule makes no changes to the substantive public health-related provisions that the Security Bars Final Rule adopted.
Notably, even though the Departments will no longer codify provisions of the Security Bars Final Rule related to fear screening, the Departments may still consider the Security Bars Final Rule’s clarifications of “danger to the security of the United States” bars to asylum and withholding of removal, in such screenings. SOURCE.
