Security Bars and Processing; Delay of Effective Date

• Document number: 2021-28016
• Type: Final Rule
• Published: December 28, 2021
• Effective: December 28, 2021
• Agency: Homeland Security Department; Justice Department; Executive Office for Immigration Review

Official abstract

On December 23, 2020, the Department of Homeland Security ("DHS") and the Department of Justice ("DOJ") (collectively, "the Departments") published a final rule ("Security Bars rule"), to clarify that the "danger to the security of the United States" standard in the statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and to make certain other changes. That rule was scheduled to take effect on January 22, 2021, but, as of January 21, 2021, the Departments delayed the rule's effective date for 60 days to March 22, 2021. The Departments subsequently further extended and delayed the rule's effective date to December 31, 2021. In this rule, the Departments are further extending and delaying the effective date of the Security Bars rule until December 31, 2022. The Departments are soliciting comments both on the extension until December 31, 2022, and whether the effective date of the Security Bars rule should be extended beyond that date.

Primary source

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