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DHS/USCIS RIN: 1615-AC57 Publication ID: Fall 2022 
Title: Security Bars and Processing 

On December 23, 2020, DHS and the DOJ (collectively, the Departments) published a final rule to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and make certain other changes. As of December 28, 2021, the rule’s effective date was delayed to December 31, 2022. The Departments plan to further delay the effective date and to propose modification or withdrawal of the December 23, 2020, rule.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
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

Statement of Need:

The Departments are reviewing and reconsidering whether the Security Bars and Processing final rule is consistent with the goals of ensuring the safe and orderly reception and processing of asylum seekers consistent with public health and safety, with the additional context of the complex relationship between the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125-AA94 and 1615-AC42) and the Security Bars rule. The Departments are reevaluating whether the Security Bars rule provides the most appropriate and effective framework for achieving its goals of mitigating the spread of communicable diseases, including COVID-19, among certain noncitizens in the credible fear screening process, as well as DHS personnel and the public. Based on such reconsideration, the Departments will publish rules to delay the effective date of the Security Bars rule and propose to modify or withdraw the Security Bars rule.

Anticipated Costs and Benefits:

DHS is currently considering the specific cost and benefit impacts of the proposed provisions.

Action Date FR Cite
NPRM  07/09/2020  85 FR 41201   
NPRM Comment Period End  08/10/2020 
Final Action  12/23/2020  85 FR 84160   
Final Action Effective  01/22/2021 
Final Rule; Delay of Effective Date  01/25/2021  86 FR 6847   
Final Rule; Effective Date Delayed Until  03/22/2021 
Interim Final Rule; Delay of Effective Date  03/22/2021  86 FR 15069   
Interim Final Rule Comment Period End  04/21/2021 
Interim Final Rule Effective Date Delayed Until  12/31/2021 
Interim Final Rule; Delay of Effective Date  12/28/2021  86 FR 73615   
Interim Final Rule Comment Period End  02/28/2022 
Interim Final Rule Effective Date Delayed Until  12/31/2022 
NPRM  02/00/2023 
Interim Final Rule; Delay of Effective Date  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AB08, Related to 1615-AC69  Related Agencies: Joint: DOJ/EOIR; 
Agency Contact:
Ashley Caudill-Mirillo
Acting Asylum Division, Office of Refugee, Asylum, and International Operations
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000