USCIS and EOIR Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal

DHS and DOJ issued a joint final rule based on a 7/9/20 notice of proposed rulemaking clarifying that the danger to the security of the U.S. statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. Rule is effective 1/22/21. (85 FR 84160, 12/23/20)

Note: DHS and DOJ published a document at 86 FR 6847 on 1/25/21 delaying the effective date of the rule until 3/22/21. The effective date was delayed again until 12/31/21 by an interim final rule published at 86 FR 15069 on 3/22/21. The effective date was delayed for a third time until 12/31/22 by an interim final rule published at 86 FR 73615 on 12/28/21. The effective date was delayed for a fourth time until 12/31/24 by an interim final rule published at 87 FR 79789 on 12/28/22.

DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 208

RIN 1615–AC57

[Docket No: USCIS 2020–0013]

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Part 1208

[Dir. Order No. 11–2021]

RIN 1125–AB08 Security Bars and Processing

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (‘‘DHS’’); Executive Office for Immigration Review, Department of Justice (‘‘DOJ’’)

ACTION: Final rule.

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Cite as AILA Doc. No. 20122311.

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