DHS and DOJ Finalize New Rule Affecting Asylum Eligibility: What You Need to Know

On December 29, 2025, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced a new federal rule that directly impacts who may qualify for asylum or withholding of removal in the United States. The rule, which became effective December 31, 2025, focuses on asylum applicants who may be considered a security risk due to public health emergencies.

If you or a loved one has a pending or future asylum case, understanding this rule—and how it may apply to your situation—is extremely important.

What Does the New Rule Do?

Under U.S. immigration law, certain individuals can be barred from asylum or withholding of removal if they are deemed a danger to the security of the United States. This final rule clarifies that, during a declared public health emergency, public health risks may be considered in making a security determination.

In simple terms:

• DHS and DOJ can consider whether an asylum applicant poses a public health-related security risk.

• This applies only in the context of public health emergencies.

• The rule does not automatically deny asylum to individuals based on health conditions alone.

The rule updates and replaces portions of a similar regulation first published in 2020, removing outdated language while keeping the core public health provisions intact.

Why Is This Happening Now?

Although the original rule was finalized in 2020, it never fully went into effect due to repeated delays. The 2025 final rule reaffirms the government’s authority to factor public health risks into asylum decisions and aligns with current enforcement priorities. Additionally, on December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) placed a temporary hold on all asylum applications while conducting a comprehensive review. This new rule is part of that broader reassessment of the asylum system.

Who Could Be Affected?

This rule does not mean that most asylum seekers will be denied. However, it may impact:

• Individuals applying for asylum or withholding removal during a declared public health emergency.

• Applicants whose cases raise specific concerns related to public health and national security.

• Those with pending asylum applications are currently under review.

Every case is fact-specific, and eligibility depends on many factors beyond this rule alone.

What This Means For Asylum Seekers

The asylum process is becoming increasingly complex, and government policy changes can affect cases quickly and unexpectedly. If your application is pending or you are considering applying for asylum, it is critical to:

• Understand how new rules may apply to your individual circumstances.

• Ensure your application is accurate, complete, and well-documented.

• Seek legal guidance before responding to any government requests or notices.

How Our Immigration Law Firm Can Help

Our firm closely monitors changes in immigration law and policy so we can protect our clients’ rights and guide them through uncertain times. We help asylum seekers:

• Evaluate eligibility under current law.

• Respond to delays, holds, or requests for evidence.

• Prepare strong, legally sound asylum and withholding of removal cases.

If you have concerns about how this new DHS and DOJ rule may affect you or your family, we encourage you to speak with an experienced immigration attorney as soon as possible. Contact our office today to schedule a confidential consultation and get clear guidance on your asylum options.