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Homeland Security Department Doc #2024-30774

Security Bars and Processing; Delay of Effective Date

Full Text
Published
December 27, 2024
Summary

On December 23, 2020, during the COVID-19 pandemic, the Department of Homeland Security ("DHS") and the Department of Justice ("DOJ") (collectively, "the Departments") published a final rule entitled Security Bars and Processing ("Security Bars final rule") to define "danger to the security of the United States" to include certain emergency public health concerns. The Departments have delayed the final rule's effective date such that it has never gone into effect. This rulemaking further delays the Security Bars final rule's effective date until December 31, 2025.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The rule may limit due process rights by expanding the definition of security threats, potentially affecting individuals' rights to fair hearings.

Case Law: Mathews v. Eldridge (1976)
Fourteenth Amendment – Equal Protection restricts 80% confidence

The rule could disproportionately impact certain groups under the guise of public health concerns, raising equal protection issues.

Case Law: Yick Wo v. Hopkins (1886)
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