The U.S. activates a rule linking public health risks with asylum restrictions
The United States government confirmed that, as of December 31, 2025, a rule will take effect clarifying that individuals who pose a risk to public health may be considered ineligible for asylum and protection from deportation. The rule was issued jointly by the Department of Homeland Security (DHS) and the Department of Justice (DOJ), and originated from a regulation first published in 2020, whose implementation was delayed for several years due to legal and regulatory conflicts.
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The rule establishes that, in situations of public health emergencies —such as outbreaks of contagious diseases— a person may be considered a “danger to the security of the United States,” which triggers legal barriers to granting asylum or “withholding of removal” (suspension of deportation). These restrictions may apply, for example, if a person shows symptoms of a communicable disease, was exposed during their contagious period, or comes from a region officially designated as affected by an epidemic
However, the government decided to partially withdraw other provisions of the original rule that affected credible fear interview processes and certain initial immigration procedures. This was done to avoid contradictions with more recent regulations and confusion in the application of the law. Authorities clarified that these withdrawals do not change current processes, nor do they have an immediate impact on asylum applications that are already being evaluated
Finally, the government explained that, although there is currently no active public health emergency that would trigger these restrictions, it considers it important for the rule to be in effect as a preventive tool. The administration maintains that this measure seeks to protect public health without completely eliminating other forms of humanitarian protection, such as protection under the Convention Against Torture, which remains available even when asylum is denied
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