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 delay in the effective date of the Security Bars final rule may impact individuals' rights to due process by prolonging uncertainty regarding their immigration status and potential security bars.
The inclusion of emergency public health concerns in defining 'danger to the security of the United States' could lead to potential detention or removal actions that may be challenged as cruel and unusual under certain circumstances.