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DOJ/EOIR

RIN: 1125-AB08

Publication ID: Fall 2023

Title: Asylum Eligibility and Public Health
Abstract: On December 23, 2020, the Department of Homeland Security and the Department of Justice (collectively, "the Departments") published a final rule titled Security Bars and Processing 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, 2022, the rule’s effective date was delayed until December 31, 2024. The Departments plan to propose modification or withdrawal of the December 23, 2020 rule.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 208 8 CFR 1003 8 CFR 1208 8 CFR 1235
Legal Authority: 8 U.S.C. 1101 8 U.S.C. 1103 8 U.S.C. 1158 8 U.S.C. 1226 8 U.S.C. 1252 8 U.S.C. 1282 Pub. L. 110-229, title VII

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	12/23/2020	85 FR 84160
Final Action Effective	01/22/2021
Delay of Effective Date	01/25/2021	86 FR 6847
Effective Date Delayed Until	03/22/2021
Delay of Effective Date	03/22/2021	86 FR 15069
Effective Date Delayed Until	12/31/2021
Interim Final Rule	12/28/2021	86 FR 73615
Effective Date Delayed Until	12/31/2022
Delay of Effective Date	12/28/2022	87 FR 79789
NPRM	11/00/2023
Effective Date Delayed Until	12/31/2024

Additional Information: EOIR Docket No. 20-0012
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 RINs: Related to 1615-AC57	Related Agencies: Joint: DHS;
Agency Contact: Raechel Horowitz Chief, Immigration Law Division, Office of Policy Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041 Phone:703 305-0289 Email: pao.eoir@usdoj.gov