The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have finalized a rule that clarifies when asylum or withholding of removal may be denied to noncitizens who pose a threat to U.S. security, including during certain public health emergencies.
In a Federal Register notice released December 29, DHS said the rule reaffirms the government’s authority to treat serious public health risks as a potential security bar to asylum. The regulation took effect on December 31, 2025.
The rule updates the “Security Bars and Processing” regulation first published in December 2020. While that earlier rule was never fully implemented due to repeated delays, the new version removes several outdated provisions while preserving the core public health-related authorities. DHS and DOJ said this approach allows immigration officials to continue considering public health emergencies when determining asylum eligibility.
According to DHS, the changes ensure the government can deny asylum or withholding of removal to individuals deemed a danger to the security of the United States because of public health risks during emergencies, without altering how the public health provisions are applied in practice.
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 the agency conducts a comprehensive review of the asylum system.
DHS described the final rule as part of a broader effort aligned with the Trump administration’s immigration priorities. Officials said the goal is to prevent individuals who pose security threats from receiving asylum protections.
The departments emphasized that the rule does not create new public health standards, but rather clarifies and preserves existing authority to consider public health-related dangers when evaluating asylum and withholding of removal claims.