Starting December 31, 2025, a new federal regulation will significantly alter the framework for determining who qualifies to seek asylum or relief from deportation in the United States.
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have announced that under the guise of safeguarding national security and public health, certain foreign nationals could be denied protection if deemed a health risk during emergencies.
Initially introduced in December 2020, the rule's implementation faced multiple delays. However, after years of technical refinements and regulatory conflicts, its core components will finally be enacted, while outdated or conflicting elements have been removed.
Expanded Exclusion Criteria
The new regulation broadens the interpretation of "mandatory bars" on asylum and deportation protection. Specifically, it states that a foreign national could be classified as "a danger to the security of the United States" if they meet specific medical or epidemiological criteria during a public health emergency.
According to the official document signed by Homeland Security Secretary Kristi Noem, "A foreign national will be ineligible for suspension of removal if they exhibit symptoms of a disease declared a public health emergency or have been in contact with such a disease within the maximum incubation and contagion period."
Furthermore, DHS, DOJ, and the Department of Health have the authority to designate entire countries or regions as health threats, leading to automatic bans for applicants from those areas.
"Should DHS and DOJ, in consultation with Public Health, determine that the physical presence of foreign nationals from certain regions with active epidemics poses a threat to U.S. health, these individuals may be considered a national security risk," the regulation declares.
Eliminated Provisions
Concurrent with the rule's activation, agencies have omitted sections from the original 2020 text that altered credible fear interview procedures. These adjustments, which included stricter regulations on applying bans, conflicted with other rules established between 2021 and 2024.
DHS acknowledged that retaining these elements would have resulted in "regulatory confusion" and potential legal missteps. As a result, instructions affecting the preliminary asylum evaluation process, third-country removals, and other technical aspects of the immigration process have been rescinded.
"Implementing the rule without adjustments could jeopardize the agencies' ability to utilize the expedited removal system," warns the document.
Immediate Impact and Exceptions
The newly instituted rule is not retroactive and does not introduce new evidence standards, nor does it entirely remove the right to seek protection under the Convention Against Torture (CAT), which remains available if the applicant can demonstrate that it is "more likely than not" they would face torture in their home country.
Additionally, the rule does not apply to those returning to the United States from Canada under the current bilateral agreement, as specified in the regulation.
A Continuation of Current Policy
Although initially drafted during the Trump administration, this rule's implementation marks a continuation of the current government's immigration strategy focused on deterring unauthorized entries and reinforcing border controls.
On December 2, the U.S. Citizenship and Immigration Services (USCIS) suspended all asylum applications while conducting a comprehensive review of the system, and this rule complements that shift in approach.
"This final rule is an additional step in our efforts to support the Trump administration's priorities by ensuring foreign nationals who may pose a threat to U.S. security do not receive asylum or suspension of removal," the DHS stated in a release.
What Lies Ahead?
While DHS claims no current health emergencies activate these restrictions, the rule is designed for future health crises like pandemics or epidemic outbreaks. This means that should an official public health emergency be declared, simply displaying symptoms of a transmissible disease could be grounds for denying asylum.
The measure has faced criticism from migrant rights organizations, who warn of the potential for arbitrary and discriminatory applications, and from public health experts who question the scientific basis of some provisions. Nevertheless, the government maintains that this rule strengthens the nation's health and immigration sovereignty without eliminating other legal protection avenues.
Understanding the New U.S. Asylum Criteria
What changes does the new rule introduce for asylum seekers?
The new rule expands the criteria under which asylum seekers can be denied protection, specifically considering public health risks during emergencies as a factor for exclusion.
How will this rule affect migrants from designated health threat countries?
Migrants from countries or regions designated as health threats may face automatic bans from applying for asylum if their presence is deemed a public health risk in the U.S.
Are there any exceptions to the new asylum rule?
Yes, the rule does not apply retroactively and does not affect those returning from Canada under the existing bilateral agreement.