Security Bars and Processing; Delay of Effective Date
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.
The rule may limit due process rights by expanding the definition of security threats, potentially affecting individuals' rights to fair hearings.
The rule could disproportionately impact certain groups under the guise of public health concerns, raising equal protection issues.