
A recent rule finalized by the Department of Homeland Security (DHS) aims to expedite the removal process for noncitizens who pose risks to national security or public safety. Read this blog and speak with a New York City immigration lawyer from our firm to learn more about the new rule about mandatory bars in fear screenings and what it means for asylum seekers. Here are some of the questions you may have:
What Is the New Rule About?
The DHS has finalized the rule titled Application of Certain Mandatory Bars in Fear Screenings. This change, initially proposed in May 2024, empowers asylum officers to apply specific mandatory bars to asylum and withholding of removal during credible and reasonable fear screenings.
Previously, asylum officers could only assess whether an individual demonstrated a credible fear of persecution or torture. Determinations about national security and public safety risks were reserved for later stages in the process. The new rule allows these considerations to happen much earlier, potentially speeding up the removal of individuals deemed ineligible for asylum or withholding of removal due to these bars.
What Are the Mandatory Bars to Asylum and Withholding of Removal?
Federal law already prohibits certain individuals from obtaining asylum or withholding of removal. These include individuals who:
- Have been convicted of particularly serious crimes.
- Ordered, incited, or participated in persecution on account of a protected ground (e.g., race, religion, nationality).
- Committed serious nonpolitical crimes outside the United States.
- Are inadmissible due to national security or terrorism concerns.
- Are reasonably deemed a danger to U.S. security.
Under prior regulations, these bars were not applied during initial fear screenings. The finalized rule allows asylum officers to make these determinations during the credible or reasonable fear stage, thereby enabling faster resolution for cases involving individuals who meet these exclusion criteria.
Why Was This Rule Introduced?
The rule is part of DHS’s broader strategy to address unlawful immigration and enhance national security. According to DHS, implementing this change is expected to achieve the following goals:
- Streamlining the Removal Process: By addressing mandatory bars earlier, DHS can remove individuals who pose risks more quickly, reducing the strain on immigration courts and detention facilities.
- Safeguarding National Security: Identifying individuals with criminal or terrorism-related histories at the earliest stages helps protect the United States and its borders.
- Enhancing Border Management: DHS reported a 60% reduction in unlawful border crossings since June 2024, partly due to initiatives like this one aimed at deterring unauthorized entry.
How Will This Affect Asylum Seekers?
For most asylum seekers, this rule will not have a significant impact, as the number of individuals who fall under these mandatory bars is relatively small. However, those with histories that raise national security or public safety concerns may face expedited removal without the opportunity for full asylum proceedings.
It’s crucial for asylum seekers to present comprehensive and truthful applications. Affected individuals may have fewer opportunities to challenge determinations if deemed ineligible during initial screenings.