Under a new Department of Homeland Security (DHS) final rule, asylum officers (AOs) are allowed to apply national security, public safety, criminal history, persecution, and terrorism-related bars to asylum and withholding of removal during initial screenings for asylum seekers, rather than waiting for immigration court proceedings. If these bars apply to a person, that person is generally not eligible for asylum or withholding of removal. This regulation will go into effect on January 17, 2025.

Asylum officers will not be required to make final decisions about these eligibility bars. However, they will now be permitted to make a decision “where there is easily verifiable evidence available to the AO that in their discretion warrants an inquiry into a bar, and the AO is confident that they can consider that bar efficiently at the credible fear stage.” To avoid being disqualified by one of these bars, an asylum applicant must show that there is a significant possibility (in credible fear cases) or a reasonable possibility (in reasonable fear cases) that the bar does not apply to them.

If the applicant shows a reasonable possibility of facing persecution and that none of the bars to relief apply, DHS will issue a notice to appear for removal proceedings.