DHS and DOJ announce rule limiting asylum based on security threats and public health risks

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued a final rule that allows asylum to be denied to foreign nationals who pose threats to national security or significant risks to public health, consistent with existing legal frameworks and published in the Federal Register. The measure took effect on December 31, 2025.

United States Citizenship and Immigration Services (USCIS) reported that the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published a final rule that limits eligibility for asylum or withholding of removal for individuals who represent threats to national security or public health. This regulation was published in the Federal Register and took effect on December 31, 2025.

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The rule recognizes that, under current immigration laws, certain individuals may be considered ineligible for asylum if their presence represents a risk to the security of the United States, whether for national security reasons or for reasons related to public health. In this context, DHS and DOJ authority may now consider public health conditions — including those declared emergencies — as part of the risk analysis to deny asylum or withhold protection from deportation.

The rule refers to communicable diseases that represent a real risk to public health, especially those associated with declared public health emergencies (such as active tuberculosis or other diseases subject to federal quarantine). It does not apply to chronic or non-contagious conditions, such as obesity, diabetes, or hypertension, as these do not represent a risk of transmission to the community.

The implementation of this rule is aligned with existing legal provisions that have historically excluded from asylum individuals convicted of serious crimes or who pose security threats. The update expands that framework to include public health circumstances, especially when these may have an acute impact on the security or well-being of the country.

Upon taking effect at the end of 2025, the rule provides asylum officers and immigration judges with an additional tool to assess security and health risks when analyzing asylum applications, although its application must respect the existing legal framework and the protections established by U.S. law.

Do you want to understand how this rule may impact asylum eligibility and other immigration processes in the United States?

If you are interested in learning more about how asylum eligibility requirements work, risk assessments, and relevant forms before USCIS, Paralegal Institute of the Americas offers educational programs with practical, structured information based on official sources.

Contact us to learn about the training options at Paralegal Institute of the Americas and move forward with clear and reliable information.

This content is for informational and educational purposes only. It does not constitute legal advice.

From: https://www.uscis.gov/newsroom/alerts/dhs-doj-announce-rule-to-bar-asylum-for-aliens-who-pose-security-threats-and-public-health-risks

https://www.federalregister.gov/documents/2025/12/30/2025-23970/security-bars-and-processing-confirmation-of-effective-date-partial-withdrawal

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