New Rule Lets Government Bar Asylum on Public-Health Grounds

Immigration News

View of the Mexican border where asylum claims could be halted by public health grounds
CitizenPath Staff
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New Rule Lets Government Bar Asylum on Public-Health Grounds

As of December 31, 2025, the U.S. government can deny asylum to people who are seen as a public-health risk because of a contagious disease. Two agencies — Homeland Security and the Justice Department — made this rule.

Here is how it is expected to work. If an officer believes a person could spread a serious disease, the officer can move the case forward with extra screening or deny asylum. Officers may look at symptoms, medical records, or expert advice. The rule is meant for rare situations, but the government did not list every disease. That means decisions may vary by case.

Some advocates say the rule is too broad and could be misused. They compare it to the pandemic policy called “Title 42,” which quickly sent many people back. The government says this is different because officers will review each case in the normal asylum system. Court challenges are likely.

What it means for immigrants:

While cases move through the courts, many asylum seekers should expect more health questions during screening. Bringing any vaccination records or recent medical documents could help show you are not a risk. If you feel sick as you travel, seek care and keep any paperwork.

Other Key Immigration Updates

USCIS Fee Increases Now in Effect (Jan 1)

Certain immigration fees rose with inflation under H.R. 1. Applications filed January 1, 2026, or later must include the new amounts or will be rejected.

Judge Blocks South Sudan TPS Termination

A federal court temporarily halted DHS from ending Temporary Protected Status for South Sudanese nationals, preserving work authorization and protection from removal while the case proceeds.

Trump to Withdraw National Guard Troops

President Trump said he is pulling National Guard troops from Chicago, Los Angeles, and Portland after legal defeats, including a Supreme Court setback limiting his authority. He warned deployments could resume if crime rises.

Immigration Courts Lose Dozens of Judges

Reports show significant judge firings and departures — California alone lost over a quarter of its bench — raising concerns about case backlogs and due-process delays.

Biometric Entry/Exit Rule Live Nationwide

As of December 26, CBP may collect facial biometrics for all noncitizens on entry and exit at air, land, and sea ports under a DHS final rule.

What It Means for Immigrants

  • USCIS fee changes: Double-check payment amounts before filing. Old amounts will trigger rejections and lost time; budget for higher EAD and related costs.
  • South Sudan TPS: Current beneficiaries keep TPS and work authorization during the injunction. Watch for re-registration windows and carry proof of continued status to avoid employment issues.
  • National Guard withdraw: For immigrant communities, fewer federal troops may reduce street encounters and confusion. However, federal activity could return quickly; continue carrying ID and legal paperwork.
  • Court staffing cuts: Fewer judges likely mean longer timelines for merits hearings and bond reviews. Keep addresses updated with USCIS/EOIR and track your hearing notices closely.
  • Biometric expansion: All noncitizen travelers should anticipate facial photos at departure and arrival. Confirm name/passport consistency to avoid mismatches that can delay travel.

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