TAKE ACTION: Tell President Biden and Congress to Reject Inhumane, Unlawful Asylum Restrictions, Stand By Commitments to the Persecuted

On June 4th, the Biden administration proclaimed its intention to publish a rule that would allow the president to almost completely close off access to asylum protections for many arriving at the U.S. southern border – if arrivals reach a certain threshold. Under the rule, even those with a clear case for asylum under U.S. asylum and refugee law could have no or very limited opportunity to have their case heard – and they and their families would be returned to contexts of persecution, danger, and death.

The rule aims to swiftly deport all arriving asylum seekers who arrive between ports of entry. These removals would occur despite the fact that the Refugee Act of 1980 explicitly enshrines the right for all individuals to apply for asylum or protection from the threat of torture – including between official ports of entry and “irrespective of status.” The new process will go into effect if Customs and Border Protection (CBP) encounters more than 2,500 migrants in one calendar day, a trigger that would have been met in each of the past 41 months.

The rule relies in part on a provision of the Immigration and National Act titled 212(f), the very same authority that former President Trump attempted to use to implement a series of legally and morally fraught Muslim bans in 2017. The ACLU, which successfully litigated multiple Trump-era bans, announced on May 4 that it intends to challenge the Biden rule in court as well.

As elections approach in November, this rule is only the latest of intensifying efforts from both the Biden administration and Congress to “act tough” on the border, often through dehumanizing rhetoric about arriving migrants and proposed policies that violate long-standing domestic and international refugee law. This action mirrors one of the harsher provisions included in the Murphy-Lankford border bill that has been repeatedly brought up for consideration in the Senate, and follows a separate executive action that limits access to due process for asylum seekers that was proposed in May.

In his speech announcing the restrictions on June 4, President Biden pledged to take steps in the “weeks ahead” to make the immigration system “more fair and more just,” which could include solutions honoring family unity, addressing the family-based green card backlog, and expanding pathways to more stable and permanent status.

Your voice matters. Asylum seekers must not be treated as political pawns. It is vital to speak out against these anti-asylum policies and urge the administration and Congress to support immigration and border solutions that address the real challenges we face and uphold the dignity and humanity of arriving migrants. Here are three ways you can take action.

1. CONTACT YOUR MEMBERS OF CONGRESS TODAY
(Contact your 2 Senators and 1 Representative using the email tool on the right-hand side)

Sample Email to Members of Congress: “My name is [insert name], and as your constituent from [City/Town] and a [person of faith/refugee/member of my community], I’m writing to express concern over ongoing efforts from Congress and the Biden administration to implement cruel and inhumane policies at the Southwest border that fail to recognize the fundamental dignity and humanity of arriving asylum seekers. I urge you to reject these efforts and to instead support border solutions that would actually address the challenges we face while upholding international and domestic refugee law. Specifically, I urge you to:

Hold the Biden administration accountable for implementing humane asylum and immigration policies, including by denouncing anti-asylum regulations like the June 4 asylum executive action and any other action that infringes upon the legal right to seek asylum and protection as enshrined in U.S. and international law.
Vote against legislation like the anti-asylum “Murphy-Lankford” Border Bill (S.4361) and the Secure the Border Act (H.R. 2), that would eliminate the opportunity for most asylum seekers to make a case for protection before an immigration judge.
Support solutions for humane, equitable, effective processing of migrants arriving at our border. Solutions that would actually address the challenges we face at the border include robust funding for the Refugee and Entrant Assistance Account, the Shelter and Services Program, and the Case Management Pilot Program, as well as legislation to eliminate barriers to work authorization like the bipartisan House Asylum Seeker Work Authorization Act (H.R.1325). See more detailed border solutions at https://bit.ly/CWSBorderSolutions.
Encourage the administration to take more positive executive action on immigration. On June 4, President Biden also pledged to speak on reforms in the coming weeks that “would make our immigration system more fair and more just.” I urge you to encourage executive action that honors family unity, improves pathways to permanent status, and protects the most vulnerable.

The asylum restrictions recently proposed both by the administration and Congress would return individuals to the very danger they fled, while doing nothing to effectively manage our border response. We must not turn our backs on those fleeing persecution. Welcoming policies make our community stronger. Thank you.”

2. SHARE YOUR CONCERNS WITH PRESIDENT BIDEN’S PROPOSED ASYLUM RESTRICTIONS
You can reach the Biden administration directly by using the phone tool on the right-hand side or by calling 202-318-7887. See instructions below to leave a public comment on the asylum executive order.

Sample Script to Call President Biden: “My name is [insert name], and as a [person of faith/refugee/member of my community] from [city/town], I call with grave concerns over ongoing efforts to implement cruel policies at the Southwest border that fail to recognize the fundamental dignity and humanity of arriving asylum seekers. I urge you to reverse all attempts to inhumanely restrict asylum — including the June 4 Border Proclamation — and instead support border solutions that would actually address the challenges we face while upholding international and domestic refugee law. Specifically, I urge you to:

Implement humane asylum and immigration policies, and refrain from implementing anti-asylum regulations like the June 4 asylum executive action and any other action that infringes upon the legal right to seek asylum and protection as enshrined in U.S. and international law.
Take more positive executive action on immigration. On June 4, President Biden also pledged to speak on reforms in the coming weeks that “would make our immigration system more fair and more just.” I urge you to take executive action that honors family unity, addresses the family-based green card backlog, improves pathways to permanent status, and protects the most vulnerable.
Support solutions for humane, equitable, effective processing of migrants arriving at our border. Solutions that would actually address the challenges we face at the border include robust funding for key refugee accounts, as well as legislation to eliminate barriers to work authorization.

Your administration’s recent proposals to restrict asylum would return people to the very danger they fled, while doing nothing to effectively manage our border response. We must not turn our backs on those fleeing persecution. Welcoming policies make our community stronger. Thank you.”

Leave a public comment on the asylum rule: The executive action the President announced on June 4 came in the form of an interim final rule. While the rule will take effect right away, this regulatory process allows the public to express their perspectives and share their concerns about proposed policy changes by submitting “comments.” The administration is then required to read and respond in writing to each of these comments. The deadline to submit comments to the June asylum rule is thirty days following publication, which is set to be July 7.

Once the rule is formally published, you will be able to write and submit your own personalized public comment on the rule directly on the Federal Register at this link.

A separate May executive action restricting asylum is also currently open for public comment. See CWS statement about that rule here. Find additional information and an editable “click-to-comment” tool here.

3. AMPLIFY ON SOCIAL MEDIA
Share this message with political leaders on social media! Here are some sample posts:

@policymaker Asylum bans are immoral, unlawful, and do nothing to effectively manage our border. We MUST reject harmful asylum restrictions and create more compassionate border policies that recognize the inherent dignity of all those arriving on our shores.
@POTUS promised the American people that he would deliver border solutions to keep families together, not condemn them to violence. We must not turn our backs on those seeking safety.
We must continue to welcome children, families and ALL people seeking safety with compassion and dignity. The U.S. can and should restore its legacy of welcome and restore asylum protections.
@POTUS recently pledged to make the immigration system “more fair and more just.” He can do that by rescinding harmful asylum restrictions and supporting policies that honor human dignity, family unity, and paths to stable and permanent status.

Additional Resources

Statements

Fact Sheets

Solutions