Asylum officers will gain the authority to determine if migrants are barred from asylum claims due to public safety concerns or national security, per the Department of Homeland Security (DHS). The expanded authority streamlines the process of removing migrants who do not qualify for asylum processing. The proposed rule, Application of Certain Mandatory Bars in Fear Screenings, was publicly posted in May 2024. The proposed rule is now final.

The rule eliminates previous limitations for asylum officers to determine if noncitizens are barred based on public safety. Now, officers have the authority to determine eligibility based on national security during the credible fear and reasonable fear screenings. Few migrants are expected to be affected by this change. However, making that determination earlier in the process removes the risk individuals may present if allowed to enter the United States.

Comments on the asylum processing public rule included those against the rule. Concerns identified humanitarian grounds, including the potential that individuals will return to dangerous situations. However, DHS stated officers will reference easily verifiable information when considering if the bar exists. The change addresses concerns earlier in the process but does not hold the individual to a different set of criteria. It is simply moving up the process.

Federal law states those who pose a public safety or national security risk are barred from asylum and withholding of removal. Those convicted of specific serious crimes, persecution of another person, serious nonpolitical crimes outside the U.S., and where reasonable grounds exist that they pose a threat to the United States, are barred from receiving asylum and withholding of removal.

Legal challenges are expected.

If you have questions about asylum or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their particular situations. We take great pride in ensuring our clients are informed throughout the process.

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