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DHS Activates 2020 Asylum Rule, Reinstating Health and Security Bars Effective Today

Officials say the shift prioritizes public‑health screening to enhance security, prompting warnings of delays for asylum seekers.

Overview

  • The Department of Homeland Security confirmed the pared‑back 2020 rule takes effect December 31, retaining substantive public‑health and national‑security bars to asylum and suspension of removal.
  • USCIS’s December 2 policy memo pausing processing of all Form I‑589 asylum applications remains in place while procedures are reviewed.
  • DHS and DOJ removed several 2020 procedural changes—especially on credible‑fear interviews—to avoid conflicts with later regulations, while keeping the core health‑ and security‑related provisions.
  • The rule preserves authority to label countries or regions with epidemics as risk zones, enabling stricter eligibility screening for recent entrants from those areas.
  • Asylum officers and immigration judges are authorized to consider public‑health risk bars at early stages, with reporting warning of significant impacts and added uncertainty for many Latino applicants.