US to Reject Asylum Seekers on Health Risk Grounds Starting Dec 31, 2025
December 31, 2025
The US government announced a new rule that will let authorities refuse asylum to migrants who pose public health risks. This rule, originally drafted in 2020 during President Trump's term amid the Covid-19 pandemic, was delayed but now will take effect on December 31, 2025. The Department of Homeland Security (DHS) said it removed outdated parts related to Covid but kept key provisions allowing denial of asylum to those seen as health threats.
According to DHS, "In the updated final rule, the Departments are withdrawing certain outdated amendments from the 2020 rule while leaving the rule’s practical public health-related provisions unaltered.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 rule does not impact asylum seekers when there is no health emergency. However, it provides the government a tool to deny asylum during pandemics or outbreaks or if a migrant has a serious contagious disease and refuses treatment.
During the Covid pandemic, the Trump administration used Title 42, a public health law, to send migrants away from US borders to limit virus spread. In contrast, the new rule is part of immigration and asylum law.
DHS added, "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."
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Tags:
Asylum
Us immigration
Public health
Covid-19
Department of homeland security
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