The bars to asylum: what can stop a case before the facts are weighed

Most of an asylum case is about what happened to you and what you fear. But before a judge or officer gets to those questions, the law asks a different one: is anything blocking this person from asylum at all?

Those blocks are called bars. If a bar applies, a strong claim can still be denied. This post lists the bars, explains each in plain words, and covers the recent rules and decisions that changed how they are applied.

Two kinds of bars

The asylum statute has two sets of bars.

The first set stops you from applying. These are in INA 208(a)(2)(A) to (C): a safe third country or Asylum Cooperative Agreement, the one-year filing deadline, and a prior asylum denial.

The second set stops a grant, even if you qualify as a refugee. These are in INA 208(b)(2)(A)(i) to (vi) and 8 C.F.R. 208.13(c): the persecutor bar, a particularly serious crime, a serious nonpolitical crime, security and terrorism grounds, and firm resettlement in another country.

Who has to prove what matters too. In immigration court, you carry the burden of showing you are eligible. If the evidence indicates that a ground for mandatory denial may apply, you must prove by a preponderance of the evidence that it does not (8 C.F.R. 1240.8(d)).

The bars at a glance

Bars to applying

One-year deadline. You must show by clear and convincing evidence that you filed within one year of arrival (INA 208(a)(2)(B); 8 C.F.R. 208.4(a)(2)(ii)). There are two exceptions, for changed circumstances and for extraordinary circumstances. Our post on the one-year deadline and its exceptions explains both.

Prior denial. If you applied for asylum before and were denied, the statute bars a new application (INA 208(a)(2)(C)).

Safe third country and ACAs. The safe third country bar, which covers Asylum Cooperative Agreements (ACAs), is in INA 208(a)(2)(A). In Matter of A-C-M-, 29 I&N Dec. 703 (BIA 2026), the Board held that under an Asylum Cooperative Agreement, no evidentiary hearing is generally required where the record shows no individualized risk in the ACA country. The judge may decide the bar on the documents. That makes it important to put any evidence of risk in that third country into the record early.

Bars to a grant

Persecutor bar. A person who took part in persecuting others is barred (INA 208(b)(2)(A)(i)). In Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025), the Attorney General held there is no duress exception. Being forced to take part does not, by itself, take you outside the bar.

Particularly serious crime. A particularly serious crime is a bar to a grant (INA 208(b)(2)(A)(ii)). The Board addressed this bar in two recent precedents, Matter of E-A-S-O-, 29 I&N Dec. 422, and Matter of G-L-C-, 29 I&N Dec. 717. Any criminal record, even an old or minor one, should be reviewed by a lawyer against these decisions.

Serious nonpolitical crime. A serious nonpolitical crime is also a bar (INA 208(b)(2)(A)(iii)). In Matter of D-G-B-L-, 29 I&N Dec. 392, the Board applied this bar and found no duress exception.

Security and terrorism. The statute bars a grant on security grounds and on terrorism grounds (INA 208(b)(2)(A)(iv), (v)). If you ever had any contact with an armed group, including being forced to pay one, tell your lawyer so it can be assessed.

Firm resettlement. A person who was firmly resettled in another country before arriving in the United States is barred (INA 208(b)(2)(A)(vi)).

New rules: bars at the screening stage

The December 2024 rule. A final rule published December 18, 2024 and effective January 17, 2025 (89 FR 103370) lets asylum officers apply the bars in INA 208(b)(2)(A)(i) to (v) during credible fear screenings, and the withholding bars in INA 241(b)(3)(B) during reasonable fear screenings, where the information is "easily verifiable." Firm resettlement, the bar in (vi), is not on that list. A bar that used to wait for a full hearing can now end a case at the first interview.

The December 2025 security-bar rule. A final rule published December 30, 2025 and effective December 31, 2025 permits public health emergencies to be treated as a security ground of ineligibility for asylum and for withholding of removal.

Referral without an interview. Since July 2026, an asylum officer may refer an affirmative application to an immigration judge without an interview where the record shows the applicant is barred from applying or barred from a grant (8 C.F.R. 208.9(a)(2)). Our post on being referred without an interview explains what that means.

If a bar may apply to you

A bar to asylum is not always the end of the road. Withholding of removal and CAT protection are separate forms of protection, with their own standards and their own limits. Our comparison of asylum, withholding and CAT explains how they differ.

Bars turn on precise facts: dates, records, and the exact wording of a conviction or a role you held. Before you file, and before any interview or hearing, talk with an immigration lawyer about whether any bar could be raised in your own case and what evidence you have to answer it.