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DHS/USCIS RIN: 1615-AC60 Publication ID: Fall 2020 
Title: ●Security Bars and Processing due to COVID-19 

DHS and DOJ (collectively, the Departments) 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 or 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 U.S. across a land border in certain cases.

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.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 208    8 CFR 1208   
Legal Authority: Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub. L. 104-208, 110 Stat. 3009, sec. 604(a) (codified at INA 208(b)(2)(C), 8 U.S.C. 1158(b)(2)(C))    INA 241(b)(3)(B), 8 U.S.C. 1231(b)(3)(B)    Foreign Affairs Reform and Restructuring Act (“FARRA”), Pub. L. 105-277, 112 Stat. 2681-822, sec. 2242 (1998)    INA 235(b), 8 U.S.C. 1225(b)   
Legal Deadline:  None
Action Date FR Cite
Temporary Final Rule  12/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related Agencies: Joint: DOJ/EOIR; 
Agency Contact:
Andrew Davidson
Asylum Division Chief, Refugee Asylum and International Affairs Directorate
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000