The regulation issued jointly by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) will take effect December 31, allowing immigration officials to reject asylum claims from individuals deemed a potential threat to public health due to communicable diseases.
According to Newsweek, the rule was originally published in 2020 but delayed several times before being reactivated under the Trump administration. It introduces a new mechanism that builds on previous health-based border enforcement tools, including Title 42, which was used during the COVID-19 pandemic to expedite migrant expulsions.
The timing of the rule’s implementation, coinciding with the end of the year and Trump’s return to the White House, signals a broader policy direction aimed at tightening immigration procedures and restricting legal pathways into the country. Officials say the measure is not retroactive and does not automatically disqualify asylum seekers, but it changes how credible fear assessments are conducted and allows for earlier case closures under broader discretion.
New rule builds on health-based asylum restrictions
The revised regulation allows DHS and DOJ to jointly designate countries or regions with active outbreaks of communicable diseases as public health risks. According to Newsweek, such a designation would directly influence the adjudication of asylum and withholding of removal claims. Migrants from these areas could face early dismissal of their cases during credible-fear screenings, the preliminary process that determines whether an asylum-seeker may continue with a full asylum claim.
Officials now have broader authority to deny claims earlier in the process, particularly in cases where applicants provide incomplete accounts or delay supporting documentation. Immigration attorney Morgan Bailey, a former senior DHS official, told Newsweek the rule “means that advance preparation is even more important,” and that applicants should ensure consistency across interviews, forms, and declarations. The regulation may also result in fewer cases being referred to immigration judges, favoring quicker resolutions.
While the rule retains much of its original framework from 2020, it removes certain technical amendments introduced since then. It was postponed five times under the Biden administration but never formally revoked. According to U.S. Citizenship and Immigration Services (USCIS), the change gives officials the ability to consider public health risks as part of national security assessments when determining eligibility for asylum or withholding of removal.
Legal migration pathways further narrowed
The public health rule is one in a series of immigration measures reinstated or strengthened since Trump’s return to office. According to Newsweek, the administration also halted green card and citizenship applications from individuals in 19 countries that had previously been under a travel ban. This action followed an incident involving an Afghan man accused of shooting two members of the West Virginia National Guard in Washington, D.C. In response, USCIS temporarily paused all applications from Afghan nationals pending further review.
Beyond asylum, the administration has placed new limits on legal immigration overall. Visa and green card eligibility requirements have become stricter, and certain immigration programs remain suspended. Refugee admissions will also be capped at 7,500 for the 2026 fiscal year. These measures form part of a broader strategy that prioritizes what officials describe as national security and public health. Immigration attorney Gnanamookan Senthurjothi told Newsweek the rule “underscores the government’s national security focus” by targeting individuals who pose risks ranging from criminal backgrounds to disease exposure.
Since January, illegal crossings at the U.S.-Mexico border have reportedly dropped to their lowest level in decades. While supporters argue the new rule protects public health and simplifies immigration enforcement, critics warn that it may be used to sideline legitimate asylum claims. The impact of these changes is expected to become clearer once the new rule is fully implemented in the coming weeks.
