USCIS Releases Rule to Bar Asylum for Individuals Posing Security and Public Health Threats

In yet another important shift in U.S. asylum policy, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) have finalized a rule that empowers immigration authorities to bar asylum and facilitate removal for individuals deemed to pose security threats or public health risks. The rule, first introduced in 2020 and repeatedly delayed, has taken effect from December 31, 2025 onward.​

Under the updated Security Bars and Processing Rule, DHS and DOJ can consider communicable disease-related public health risks as part of the statutory “danger to the security of the United States” bar to asylum eligibility.​

This means that during a declared public health emergency, individuals exhibiting symptoms of a contagious disease or exposure within an incubation period, based on criteria from health authorities, may be found ineligible for asylum.​

The Departments clarified aspects of the regulation to avoid conflicts with intervening immigration rules, while preserving the core provision that links public health concerns with security bar determinations. Officials say the change reflects lessons learned during past public health crises and aims to safeguard U.S. communities and border personnel without undermining legal protections for refugees under U.S. law.​

Earlier this month, U.S. Citizenship and Immigration Services temporarily halted all asylum adjudications to review the policy’s implications.

Supporters of the new rule portray it as a responsible reformation of immigration infrastructure in an era of global health uncertainty. Critics, however, argue it could stifle access to asylum and inadvertently criminalize vulnerable migrants seeking refuge.

As the rule enters force, immigration stakeholders, legal advocates, and policymakers will closely monitor how it reshapes asylum proceedings.

As a leading EB-1A green card consultancy, at GCEB1, we are closely monitoring all the updates and changes in the wider immigration landscape. Tune in to our press release section to get all the latest updates by the minute.