Archive · 30 Dec 2025
US May Deny Asylum on Public Health Grounds
The U.S. government has made a new rule that can stop people from asking for asylum if they might spread a disease.
This rule is about public health, like during the COVID-19 pandemic.
The Trump administration made this rule, and the Biden administration has not stopped it.
Some people who help migrants say this rule is not fair because it uses health reasons to keep people out of the country.
The rule also lets the government deny another type of protection called 'withholding of removal.'
New regulation allows U.S. authorities to deny asylum based on public health risks.
The rule is effective as of Wednesday, December 27, 2023.
The Trump administration created the regulation during the COVID-19 pandemic.
The Biden administration postponed the effective date five times but did not terminate it.
Advocates criticize the use of health emergencies to deny access to asylum.
- Who
- U.S. authorities, migrants seeking asylum
- What
- New regulation allows denial of asylum on public health grounds
- When
- Regulation effective on Wednesday, December 27, 2023
- Where
- U.S.-Mexico border
- Why
- To address emergency public health concerns generated by a communicable disease
- Regulation Effective Date
- Wednesday, December 27, 2023
- Regulation Basis
- Emergency public health concerns generated by a communicable disease
- Title 42
- U.S. health authority used to rapidly send migrants back to Mexico during COVID-19
- Biden Administration's Action
- Postponed the effective date of the regulation five times, did not terminate it
- Criticism
- Advocates say health emergencies are being used to deny access to asylum
