LIVE FEED
NowThatsLaw — Civic Intelligence Platform Know Your Rights. Know Your Government. Know Your Vote. Real-time constitutional analysis of federal laws, regulations, and treaties NowThatsLaw — Civic Intelligence Platform Know Your Rights. Know Your Government. Know Your Vote. Real-time constitutional analysis of federal laws, regulations, and treaties
Dashboard / Regulations / Security Bars and Processing; Confirmati…
Homeland Security Department Doc #2025-23970

Security Bars and Processing; Confirmation of Effective Date; Partial Withdrawal

Full Text
Published
December 30, 2025
Summary

In December 2020, DHS and DOJ (collectively, "the Departments") issued a final rule that clarified when an alien who poses a public health risk is ineligible for asylum and withholding of removal and revised their credible fear screening regulations. After multiple delays, the rule is scheduled to take effect on December 31, 2025. However, since December 2020, the Departments have further amended their regulations, complicating the codification of the 2020 rule. In this final rule, the Departments are withdrawing certain amendments from the 2020 rule while leaving unaltered the rule's substantive public health-related provisions, which will become effective as scheduled.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The rule clarifies ineligibility for asylum based on public health risks, potentially limiting due process rights for affected aliens.

Eighth Amendment – Protection Against Cruel and Unusual Punishment restricts 80% confidence

The rule may lead to detention or removal of individuals posing public health risks, which could raise concerns about humane treatment.

Back to Regulations