New US rule to bar asylum over security, health risks takes effect from December 31. Who are to be affected?

The US administration has announced a new rule under which asylum access could be rejected on health risk grounds. The rules were drafted during the Covid-19 pandemic in 2020 in President Donald Trump's first term but its implementation date was delayed. The Department of Homeland Security announced that the final rule of 2025, modified from the draft of 2020, will be effective on December 31. The rules explain when aliens may be ineligible for asylum or withholding of removal because they pose a danger to the security of the United States due to certain public health emergencies.

Since the rules were drafted keeping in mind the Covid pandemic, it had certain provisions that are not applicable any more and those have been discarded, the DHS said. "In the updated final rule, the Departments are withdrawing certain outdated amendments from the 2020 rule while leaving the rule’s practical public health-related provisions unaltered. These changes allow DHS and DOJ to retain the ability to consider public health risks as a security risk bar to asylum and withholding of removal in the event of a public health emergency. The 2025 final rule will become effective on Dec. 31, 2025," the department said.

What does the new rule mean when there is no pandemic?

The rule does not mean anything when there is no pandemic. And it would not have any immediate impact but would provide the administration a tool to turn away migrants seeking asylum in the US.

It will affect people arriving during pandemics or outbreaks, or people who may have a serious communicable disease and who is refusing treatment.

During the pandemic, the Trump administration used Title 42 to send migrants away from the border, saying that it was needed to limit the spread of the virus. While Title 42 is a public health law, the new rule is an immigration and asylum law.

"On Dec. 2, US Citizenship and Immigration Services placed a hold on all asylum applications pending a comprehensive review. This final rule is an additional step in our ongoing efforts to support the priorities of the Trump administration by ensuring that aliens who would pose a danger to the security of the United States are not granted asylum or withholding of removal," the department said.