On December 29, 2025, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced a significant update to the “Security Bars and Processing” final rule. This rule, which is set to become effective on December 31, 2025, clarifies that certain public health risks can be considered a “danger to the security of the United States,” effectively barring individuals from asylum and withholding of removal.

What You Need to Know

This rule is a modified version of a policy originally published in December 2020 that had been repeatedly delayed. While the Departments have withdrawn certain outdated procedural amendments from the 2020 version, the core substantive provisions regarding public health remain.

• Security Risk Bar: In the event of a public health emergency, the government may now use public health risks as a mandatory bar to asylum eligibility.

• Targeted Criteria: The rule applies to individuals who exhibit symptoms of a communicable disease or have been exposed to one during its incubation and contagion period during a declared emergency.

• Mandatory Denials: If an applicant is found to be a danger to U.S. security under these health criteria, they are ineligible for both asylum and statutory withholding of removal.

Why This Matters Now

This final rule is described as an effort to ensure that those who pose a security or health danger are not granted protection in the U.S.. Notably, it follows a recent hold placed on all asylum applications as of December 2, 2025, pending a comprehensive review.

The Departments also clarified that while they are withdrawing specific 2020 amendments to avoid conflicting with more recent regulations (like the DHS Mandatory Bars Rule), Asylum Officers and Immigration Judges still maintain the authority to consider these health-related security bars during credible fear screenings.

Specific Triggers for the Bar

The court will evaluate specific criteria to determine if an individual constitutes a “danger to security” under this rule:

• Symptomatic Exclusion: Exhibiting symptoms of a disease that has triggered a domestic public health emergency declaration (such as under the Public Health Service Act).
• Exposure and Incubation: Having come into contact with such a disease within the longest known incubation and contagion period.
• Regional Designations: Coming from a country or region that the DHS and DOJ have jointly designated as experiencing an epidemic that poses a public health risk to the U.S..

Procedural Changes in Fear Screenings

Even for those not yet in full section 240 removal proceedings, the technicalities of “fear screenings” (credible fear or reasonable fear) have shifted:

• De Novo Review: Immigration Judges now have the authority to conduct a de novo (new) review of an Asylum Officer’s determination that a mandatory health bar applies.
• Discretionary vs. Mandatory Consideration: While some recent rules made the consideration of bars discretionary during screenings, this rule clarifies that the government retains the ability to apply these public health bars as a security risk bar to relief.

Navigating the Changing Landscape

At Cohen, Tucker + Ades, we understand that these rapid regulatory shifts can be overwhelming for those seeking safety and legal status in the United States. This rule adds a complex layer to the asylum process, particularly during expedited removal and credible fear screenings.

If you or a loved one are concerned about how these new public health security bars might impact your asylum application or an upcoming screening, our experienced team is here to help.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Exclusions from the Bar

It is important to note certain conditions or groups that are not currently subject to this specific security bar:

• HIV/AIDS: Since 2010, HIV is no longer defined as a communicable disease of public health significance for immigration purposes.

• Canada Returnees: Aliens applying for asylum or withholding of removal upon return from Canada under the U.S.-Canada Safe Third Country Agreement are explicitly exempt from this public health security bar.

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