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DHS and DOJ are temporarily amending their existing regulations to clarify that as a consequence of the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, aliens are ineligible for asylum and withholding of removal on account of there being reasonable grounds for regarding them as a danger to the security of the United States if they enter, attempt to enter, or arrive in the United States across a land border on or after the date of the rule’s publication, after having been physically present in Mexico or Canada for any length of time during the 14-day period immediately preceding arrival in the United States at a port-of-entry or, for aliens who entered or attempted to enter the United States along a land border other than at a port-of-entry, immediately preceding their apprehension, and are inadmissible based on certain grounds in the Immigration and Nationality Act (INA or Act). The rule does not apply to legal permanent residents, members of the Selected Reserve of the Ready Reserve or persons in active-duty status in the Armed Forces, or their spouses or children.

These bars are designed to minimize the spread and possible introduction of COVID-19 into the United States. In furtherance of this goal, the rule also applies a modified process for evaluating such aliens’ eligibility for deferral of removal in expedited removal proceedings.

DHS and DOJ recently published a proposed rule on a similar matter that relates to public health emergencies generally, but due to the COVID-19 public health emergency, it is necessary for DHS and DOJ to immediately issue and swiftly implement this temporary final rule. The rule will be effective for a 180-day-period, and depending on circumstances the Departments may extend the rule through a further rulemaking.