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EOIR and USCIS issue final rule adding public health-related "security" bars to asylum and withholding eligibility

  1. Date Announced

    Dec. 23, 2020

    EOIR and USCIS issue final rule adding public health-related bars to asylum eligibility. The final rule implements three changes:

    1. Expands the "danger to the security of the United States" bar to asylum eligibility to include public-health crises ("emergency public health concerns generated by a communicable disease");
    2. Provides for "streamlining screening for potential eligibility for deferral of removal in the expedited removal process" for noncitizens determined ineligible for asylum based on the third country transit rule; and
    3. Authorizes DHS to place noncitizens found ineligible for asylum or withholding under the third country transit rule or under the "danger to the security of the United States" bar into asylum-and-withholding only proceedings, or to remove such individuals to a third country.

    The rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf, and by EOIR Director James McHenry. [ID #983]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Jan. 22, 2020
  3. Biden Administration Action

    January 20, 2021

    On January 20, 2021, the White House Chief of Staff issued a memorandum asking agencies to consider delaying, consistent with applicable law, the effective dates of any rules that have published and not yet gone into effect, for the purpose of allowing the President’s appointees and designees to review questions of fact, law, and policy raised by those regulations. As of January 21, 2021, the effective date of the final rule published at 85 FR 84160 (Dec. 23, 2020) is delayed until March 22, 2021.

    Delay of Effective Date for Security Bars and Processing

Commentary

Public Health Experts Urge U.S. Officials to Withdraw Proposed Rule That Would Bar Refugees from Asylum and and Other Humanitarian Protections in the U.S.

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