Homeland Security Department, Justice Department, Executive Office for Immigration Review
In December 2020, DHS and DOJ (collectively, "the Departments") issued a final rule that clarified when an alien who poses a public health risk is ineligible for asylum and withholding of removal and revised their credible fear screening regulations. After multiple delays, the rule is scheduled to take effect on December 31, 2025. However, since December 2020, the Departments have further amended their regulations, complicating the codification of the 2020 rule. In this final rule, the Departments are withdrawing certain amendments from the 2020 rule while leaving unaltered the rule's substantive public health-related provisions, which will become effective as scheduled.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Parts 208 and 235 RIN 1615-AC57 [CIS No. 2844-26; Docket No: USCIS 2020-0013] Department of Justice Executive Office for Immigration Review 8 CFR Parts 1003, 1208, and 1235 RIN 1125-AB08 [Dir. Order No. 03-2025] AGENCY: U.S. Citizenship and Immigration Services (“USCIS”), Department of Homeland Security (“DHS”); Executive Office for Immigration Review (“EOIR”), Department of Justice (“DOJ”). ACTION: Final rule; partial withdrawal and correction. SUMMARY: In December 2020, DHS and DOJ (collectively, “the Departments”) issued a final rule that clarified when an alien who poses a public health risk is ineligible for asylum and withholding of removal and revised their credible fear screening regulations. After multiple delays, the rule is scheduled to take effect on December 31, 2025. However, since December 2020, the Departments have further amended their regulations, complicating the codification of the 2020 rule. In this final rule, the Departments are withdrawing certain amendments from the 2020 rule while leaving unaltered the rule's substantive public health-related provisions, which will become effective as scheduled. DATES: Partial Withdrawal: As of December 29, 2025, amendatory instructions 4, 5, 6, 7, 8, 12, 13, and 14 published on December 23, 2020, at 85 FR 84160 , which were delayed by the rules published at 86 FR 6847 (Jan. 25, 2021), 86 FR 15069 (Mar. 22, 2021), 86 FR …
Citation: 90 FR 61035
