The administration in the United States has finalised a significant new regulation that empowers authorities to deny asylum to individuals deemed a potential public health risk. This rule, a modified version of a draft initially conceived during the Covid-19 pandemic, is set to become active at the end of next year.
From Pandemic Draft to Final Immigration Tool
The origins of this policy trace back to 2020, during the first term of President Donald Trump, when the global health crisis prompted officials to draft stringent measures. However, its implementation was postponed. Now, the Department of Homeland Security (DHS) has announced that the final rule of 2025 will be effective on December 31, 2025.
According to the DHS, the updated rule withdraws certain outdated amendments from the 2020 draft that were specific to the Covid-19 context. The core objective, however, remains intact. "In the updated final rule, the Departments are withdrawing certain outdated amendments from the 2020 rule while leaving the rule’s practical public health-related provisions unaltered," the department stated. This revision allows US agencies to retain the ability to treat significant public health risks as a security concern when evaluating asylum claims.
How the Rule Functions in Practice
What does this regulation mean during times when there is no active pandemic? In essence, it lies dormant. The rule is designed to be a tool for future public health emergencies and would not have any immediate impact on current asylum procedures. Its power is activated during declared pandemics or outbreaks.
The rule would primarily affect two groups: people arriving at the border during such health crises, and individuals who have a serious communicable disease and are refusing treatment. This provides a legal framework similar to, but distinct from, the Title 42 public health order used extensively during the Covid pandemic to expel migrants. While Title 42 is a public health law, this new provision is integrated into immigration and asylum law, creating a more permanent mechanism.
Context and Broader Immigration Strategy
This move is part of a series of steps by the US administration to tighten asylum pathways. Notably, on December 2, US Citizenship and Immigration Services placed a hold on all asylum applications pending a comprehensive review. The new public health rule is seen as an additional layer in this strategy.
"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 DHS explained. The rule essentially provides authorities with a clear, legal instrument to turn away migrants seeking asylum if they are perceived as a health security threat during emergencies, shaping the future of US border policy in times of crisis.
