Asylum officers will now have the power to decide if migrants are not allowed to apply for asylum due to public safety or national security reasons, according to the Department of Homeland Security (DHS). This new rule aims to make it easier to remove migrants who don’t qualify for asylum. The rule, called Application of Certain Mandatory Bars in Fear Screenings, was shared publicly in May 2024 and is now final.

Before, asylum officers had limited ability to block migrants for public safety reasons. Now, they can decide if someone is ineligible for asylum due to national security concerns during early screenings like credible fear and reasonable fear interviews. Although this change will likely affect only a small number of migrants, it ensures that individuals who pose a risk are identified earlier, before entering the U.S.

Some people raised concerns about this rule, saying it could force individuals back into dangerous situations. DHS responded that officers would use clear and reliable information to decide if a migrant is barred. The rule doesn’t change the criteria for asylum but simply moves the decision earlier in the process.

Under federal law, people who are a threat to public safety or national security cannot apply for asylum. This includes those who have committed serious crimes, persecuted others, or committed serious crimes in another country that are not political. It also applies to those who are considered a danger to the U.S.

Legal challenges to this rule are expected.

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