Asylum Rule DHS DOJ Bars Threatening Aliens for Security, Health

The U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) have taken a significant step toward reshaping asylum enforcement by reaffirming the use of public health risks as grounds for denying asylum and withholding removal. Through a revised final rule announced via the Federal Register, both agencies clarified the circumstances under which non-citizens may be barred from asylum if they are deemed security threats during public health emergencies.

The asylum rule DHS DOJ update revives key elements of a controversial 2020 rule but removes outdated provisions. With USCIS recently pausing all asylum adjudications, the move signals stricter asylum screening and a security-first immigration policy.

Understanding the Asylum Rule DHS DOJ Rule Update

In December 2020, DHS and DOJ introduced the Security Bars and Processing final rule , which expanded the definition of security threats in asylum cases. However, implementation was repeatedly delayed by litigation, administrative reviews, and policy shifts.

According to the DHS DOJ, the updated asylum rule eliminates changes that no longer fit current priorities . It keeps in place provisions allowing public health risks to be counted as national security threats. This ensures asylum or withholding of removal can be denied if an applicant poses a risk during a public health emergency.

The revised final rule took effect on December 31, 2025, allowing agencies time to update internal guidance and operational procedures. A central element of the revised rule is treating public health emergencies as national security concerns. DHS and DOJ argue that large-scale health crises can strain border operations, detention facilities, healthcare systems, and communities.

Under the rule, asylum or withholding of removal may be denied if a person is considered a public safety risk during a declared public health emergency. This will be based on federal health guidance and emergency declarations, not on ad hoc judgments. CDC immigration and public health guidance

The agencies state these provisions are tailored to emergencies. However, critics warn that a broad view could expand use beyond rare situations.

USCIS Pauses All Asylum Applications USCIS announced on December 2, 2025 a temporary hold on all asylum applications. The agency needs time to review processing standards, security screening, and updated regulations.

The pause covers both new and pending asylum cases, with no set end date. Although USCIS has not linked the suspension to the new rule’s 2025 start, the timing suggests a broader shift in asylum operations.

For policymakers, it is a deliberate pause to reconsider enforcement before the new rule begins.

Policy Direction and Enforcement Priorities Federal officials describe the rule as part of a broader push for a security-focused immigration policy. This continues priorities such as stricter screening, expanded security measures, and greater scrutiny of risky asylum claims.

DHS and DOJ say the rule keeps humanitarian protections. It clarifies when security and safety outweigh eligibility for relief. This approach combines immigration, security, and public health policy. Asylum is no longer treated purely as humanitarian.

Reinstating public health security bars adds complexity to asylum cases, especially during health emergencies. Legal analysts say the effect will depend on whether the risk definition is narrowly or broadly interpreted.

For asylum seekers , the rule creates more uncertainty. Immigration attorneys and advocates worry about due process, evidence standards, and the balance between security and humanitarian obligations.

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Key Takeaways from the DHS–DOJ Asylum Rule DHS and DOJ reaffirm public health risks as valid security-based asylum bars Elements of the 2020 rule were removed, but core security provisions remain in place. The revised rule took effect on December 31, 2025 USCIS has paused all asylum adjudications pending further review The update reflects a continued security-first approach to asylum enforcement. The revised DHS–DOJ asylum rule is a major change. By maintaining public health security bars and streamlining prior provisions, the government reinforces its power to deny asylum if a case poses a threat to national security.

The revised final rule removes certain outdated changes from the 2020 version while keeping the key public health-related provisions intact. This allows the DHS and DOJ to ensure that public health risks can still serve as a basis for considering individuals as security threats to asylum and withholding of removal during public health emergencies. The updated final ruletook effect on December 31, 2025.