DHS and DOJ Announce Final Rule on Asylum Eligibility

Key Takeaways

On December 11, the Department of Homeland Security (DHS) and Department of Justice (DOJ) announced a final rule that will alter the circumstances under which individuals may apply for asylum protections. The rule was first introduced in June and is set to take effect on January 10, 2021.

The new rule would expand a judge’s authority to deny asylum to certain individuals and deny requests without a hearing if reasons for the individual seeking asylum do not contain sufficient evidence. The rule would also require individuals to provide additional information on the circumstances for why an individual is applying for asylum. Additionally, a judge may consider an applicant’s actions, including illegally crossing the U.S. border for protection, in determining a ruling. Once in effect in January 2020, the rule may face legal challenges and President-elect Biden has already expressed concern over the rule.  

County governments are tasked with ensuring the health and safety of all members of local communities and county leaders are important stakeholders in discussions related to federal immigration policies. Given the critical role county governments play in carrying out federal immigration policy, counties encourage federal agencies of jurisdictions to collaborate with localities when considering federal immigration policies.

During the 2020 Annual Conference, NACo’s Community, Economic and Workforce Development (CEWD) Steering Committee adopted a policy resolution that urges Congress and the administration to enact legislative and regulatory proposals that provide improved and efficient legal avenues for immigrants to enter the United States, contribute to the workforce and local economies and maintain the area standard industry wages for the local marketplace.

NACo will continue engaging with our federal partners to ensure county interests are included in policymaking around immigration issues. For more information on NACo’s work on immigration policies and the Immigration Reform Task Force, click here.