As a 72-year old humanitarian organization representing 37 Protestant, Anglican and Orthodox communions and 22 refugee resettlement offices across the country, Church World Service (CWS) urges all Senators to affirm the need for robust protections for asylum seekers and other vulnerable individuals fleeing persecution and violence. Children, families, women, and men are fleeing violence, gang conscription, human trafficking, and sexual exploitation in the Northern Triangle. Since 2005, in Honduras alone, murders of women and girls have increased by 346 percent, and murders of men and boys have grown by 292 percent. CWS urges Congress to recognize these trends as a refugee and humanitarian issue.
The United States has a rigid system for applying for asylum. International treaties and domestic immigration laws have established important safeguards to prevent individuals from being returned into harm’s way, as well as numerous procedures to ensure the integrity of the U.S. asylum system. Asylum seekers are subject to mandatory biographic and biometric checks reviewed against multiple federal databases by well-trained fraud detection officers, and are placed in immigration detention pending a determination by an asylum officer regarding whether they have a credible fear of persecution as a result of their race, religion, nationality, political opinion, or membership in a particular social group. Those determined to lack a credible fear of persecution are subject to removal without further review. Individuals found to have a credible fear of persecution may be subject to detention while they await further consideration of their asylum claim by an immigration judge, or they may be released on a case-by-case basis by an Immigration and Customs Enforcement (ICE) determination that they do not pose a security or flight risk. Current law strictly prohibits granting asylum to any person who has engaged in terrorist activity or otherwise poses a threat to the security of the United States. Erecting new barriers to protection within the U.S. asylum system is unnecessary and may dangerously impede our obligations to protect bona fide asylum seekers.
Due to the high standards and burden of proof, as well as the rigid process of the U.S. asylum system, the Department of Homeland Security (DHS) denies protection to many asylum seekers who are fleeing persecution. The DHS Office of Inspector General released a report in May 2015. that found that in some areas, Border Patrol refers individuals for criminal prosecution despite the fact that they have expressed fear of persecution Border Patrol officials themselves indicated that the process for referral to prosecution did not take into account expressions of fear of persecution; individuals go through the U.S. court system and only after serving their prison sentences can they re-express a fear of persecution and then meet with an asylum officer to have their case heard. A recent report by Human Rights First documents cases of asylum seekers being turned away at ports of entry and details complaints that CBP officers are coercing individuals, including asylum seekers, to withdraw their applications for admission. These practices violate existing U.S. law and treaty obligations and prevent legitimate and viable claims from moving forward.
We are also deeply concerned about the decision by the Department of Justice (DOJ) to effectively terminate the Legal Orientation Program (LOP) in immigration detention facilities, and urge Congress to call on the administration to restore this important program. LOP serves over 50,000 individuals each year and ensures immigrants in detention have basic information about how the U.S. immigration court system operates and how they can most successfully represent themselves in proceedings. DOJ has found that the program makes the immigration court system more efficient and reduces detention costs. Reports have documented how LOP-served individuals show up to court, are more equipped to prepare their legal cases, and have shorter average case times.
CWS encourages Congress to prioritize the protection of vulnerable individuals. Real solutions must address root causes, rather than escalating enforcement and preventing individuals from seeking safety. CWS is committed to working with Congress and the administration to develop sustainable solutions to enhance the stability of the region and the protection of vulnerable populations.