A significant shift in American immigration policy is set to take effect on December 31, 2025. The new US Asylum Rule allows for the rejection of asylum claims if an applicant is deemed a risk to public health or national security. The Department of Homeland Security (DHS) and the Department of Justice (DOJ) jointly issued this final rule, which aims to strengthen the nation’s ability to manage public health emergencies. This US Asylum Rule is a crucial update to existing asylum eligibility criteria, impacting the broader US asylum policy.
Origins of the US Asylum Rule and Security Bars
The groundwork for this US Asylum Rule was laid in December 2020. It was originally introduced as the “Security Bars and Processing” final rule, drafted during the COVID-19 pandemic. However, its implementation faced multiple delays over several years. The rule has now been updated, withdrawing outdated provisions from the 2020 draft. Crucially, the core measures addressing public health risks remain. These provisions allow authorities to consider health risks as a security bar, a key aspect of this US Asylum Rule. The updated rule ensures this ability persists, providing a tool for future public health emergencies and impacting the US Asylum Rule framework by incorporating specific asylum eligibility criteria.
Key Provisions of the New US Asylum Rule
The Security Bars and Processing final rule clarifies asylum eligibility, specifically addressing “danger to the security of the United States.” This bar now explicitly encompasses certain public health emergencies, meaning individuals who pose a significant health risk may be deemed ineligible during a declared public health emergency. This US Asylum Rule essentially codifies an interpretation of existing security bars, linking public health concerns directly to national security. For asylum seekers, understanding this US Asylum Rule is paramount to navigating current US asylum policy.
This does not create a new ground for ineligibility but clarifies existing statutes that already allow for barring individuals who pose a danger. The US Asylum Rule now explicitly includes health risks within this framework. For example, individuals with serious communicable diseases who refuse treatment could be affected by this US Asylum Rule. The rule’s practical public health-related provisions are now being codified, ensuring they can be applied during future health crises, thereby shaping the US Asylum Rule and affecting asylum eligibility.
Official Rationale and Context for the US Asylum Rule
The Department of Homeland Security stated the US Asylum Rule’s purpose: to retain the ability to address public health emergencies, viewed as a security concern for asylum seekers. The administration views this as an essential measure supporting national security priorities and ensuring that those posing a danger are not granted asylum. This aligns with previous administration efforts to review asylum policies, with the US Asylum Rule being a culmination. This US Asylum Rule was part of the Trump administration’s agenda to raise the bar for asylum eligibility and was an immigration law update.
The US Asylum Rule’s implementation was delayed for years, facing litigation and overlapping regulatory changes. The final rule, published and announced in late December 2025, takes effect on December 31, bringing a long-standing policy into force. The impact of this US Asylum Rule on asylum eligibility is significant, especially concerning public health emergencies.
Impact on Asylum Seekers under the New US Asylum Rule
This new US Asylum Rule could significantly affect asylum seekers, providing another basis for denying their claims. For individuals arriving during a pandemic or with a serious communicable disease, this poses a direct barrier. Critics argue that such rules can be misused and may serve as a pretext to deny protection, particularly for vulnerable populations fleeing persecution. The US Asylum Rule alters the landscape for these individuals and their understanding of asylum eligibility criteria.
The rule states that public health emergencies can be considered a security risk under the US Asylum Rule framework. This interpretation could lead to broader exclusions for asylum seekers. Medical screening standards will be set by the CDC, and migrants could be excluded for diseases like active tuberculosis or novel influenza strains, or any disease the CDC designates as “quarantinable,” as per this US Asylum Rule, impacting US asylum policy.
Broader Implications and Concerns Regarding the US Asylum Rule
The American Immigration Lawyers Association (AILA) notes that the US Asylum Rule allows DHS and DOJ to consider public health risks as security risks in asylum cases, applicable during declared public health emergencies. The rule’s aim is to retain the ability to address such emergencies, a core tenet of the US Asylum Rule and its application to security bars.
However, human rights groups have raised concerns, arguing that using public health as a pretext can violate asylum law. Some critics suggest the US Asylum Rule closely mirrors Title 42, a controversial public health measure used during COVID-19 that allowed rapid expulsions. While Title 42 was a public health law, this new US Asylum Rule is an immigration law update and an asylum law, representing a distinct approach within US asylum policy.
USCIS Holds and Review in Light of the US Asylum Rule
Earlier in December 2025, the U.S. Citizenship and Immigration Services (USCIS) placed a hold on all asylum applications pending a comprehensive review. This new US Asylum Rule is described as an additional step in this review process, aiming to ensure immigration processes account for national security and public health emergencies. This comprehensive review may lead to further policy adjustments related to the US Asylum Rule and asylum eligibility criteria.
The US Asylum Rule’s focus on “security bars” is not new. The “danger to the security of the United States” bar is a statutory provision and has been a ground for inadmissibility. However, this US Asylum Rule expands its application to public health emergencies, marking a significant update in US asylum policy and asylum eligibility.
Conclusion on the US Asylum Rule
The new US Asylum Rule barring asylum over security and health risks takes effect December 31, 2025, marking a significant policy shift. The rule, rooted in a 2020 proposal, has been refined to allow for asylum denial based on public health emergencies, now explicitly linked to national security concerns. While framed as a public health measure, critics voice concerns about its impact, as this US Asylum Rule could create new barriers for vulnerable asylum seekers. The US Asylum Rule provides the administration with a tool to manage health crises, impacting US asylum policy. Its full implications for the American asylum system will unfold over time. This story highlights ongoing debates about border security and humanitarian obligations, all under the umbrella of the new US Asylum Rule and its connection to asylum eligibility.
