New Asylum Rule: Public Health Bar Takes Effect Dec 31
A rule written five years ago to block asylum for people deemed a public health risk finally took effect on December 31, 2025 — after years of delays and legal complications. For hundreds of thousands of people in the asylum application process, this adds a new and largely untested reason their cases could be denied. Here is what changed and what you should do now.
A rule that was written in December 2020 but never fully took effect is now moving forward. Starting December 31, 2025, the U.S. government will be able to deny asylum — and a related protection called withholding of removal (a legal safeguard that stops the government from sending you to a country where you could be harmed) — to people it considers a public health risk. The rule was created by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) together.
What the rule actually changes
The core of the rule is simple: if the government decides you are a danger to public health in the United States, you may be found ineligible for asylum or withholding of removal. The rule also made changes to "credible fear" screenings — the interviews that asylum seekers go through when they first arrive and say they are afraid to return home. Those screenings help decide whether a person gets a full hearing before an immigration judge.
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However, the government is not applying the full 2020 rule as originally written. DHS and DOJ are withdrawing several technical parts of the rule — called amendatory instructions 4, 5, 6, 7, 8, 12, 13, and 14 — because immigration regulations changed so much between 2020 and today that those sections no longer fit correctly into current law. The withdrawal of those sections took effect December 29, 2025. The key public health bar provisions, though, remain in place and became active on December 31, 2025.
Why this matters for asylum seekers
If you are currently in the asylum application process, or planning to apply, this rule adds a new possible reason your case could be denied. Immigration officers and judges can now use a public health risk finding against you during your credible fear interview or your full asylum hearing. The rule does not define exactly what counts as a "public health risk" in plain terms, which means how it is applied may vary. Lawyers who work on asylum cases say this is an area where having legal help is especially important.
What to do
- If you have a credible fear interview scheduled, tell your attorney or legal representative about any medical history that could be raised — so they can prepare a response in advance.
- If you already filed an asylum application (Form I-589, the application for asylum and withholding of removal) and your case is still pending, ask an immigration lawyer whether this new rule could affect your case.
- If you are in removal proceedings (the formal legal process where a judge decides if you can stay in the US), make sure your lawyer knows about this rule and has reviewed your case under the new standard.
- Do not ignore any notices from USCIS or the immigration court. Missing a hearing can result in an automatic order of removal against you.
Fishkin Law Firm, New York
This rule gives asylum officers and immigration judges a new tool to deny protection, and the standard for what counts as a 'public health risk' is not yet well-defined by case law — which means early cases will set important precedents. If you are in a credible fear screening or have a pending asylum case, you should proactively address any health-related issues in your record before an officer raises them against you. Given how unsettled this area of law is right now, consulting an immigration attorney before your next hearing or interview is strongly advisable.