Washington, D.C.—Church World Service today expressed its alarm by the Biden administration’s announcement of a proposed rule currently under consideration which could further curtail due process for arriving asylum seekers and deny certain individuals any chance to make a case for protection before an immigration judge. The rule—which has not yet gone into effect and is currently open for public comment—would permit existing statutory bars to be hastily placed on asylum seekers during initial screenings at the border rather than before an immigration judge. It would do little to address the challenges we face at the border, and would only increasingly endanger at-risk populations seeking safety in the United States.
Access to asylum at the border remains a primary and vital pathway for migrants fleeing persecution and violence to pursue protection in the U.S. The right to apply for asylum is enshrined in the Refugee Act of 1980, which protects people who are fleeing persecution on “account of race, religion, nationality, membership in a particular social group, or political opinion.”
“This rule is yet another blow to the foundation of asylum,” said Danilo Zak, Deputy Director of Policy at CWS. “Each and every time the administration further restricts access to asylum or increases the already-lofty requirements to demonstrate credible fear, more vulnerable people risk losing their lives to conflict, violence, and extreme persecution. Instead of entrenching xenophobia and discrimination in asylum policy by framing newcomers as a threat, the administration should work together with Congress to ensure the legal right to asylum, which is a bedrock of our democracy. Asylum seekers often lack access to legal support, and are required to navigate an already hostile system to enter the United States to claim asylum, as dictated by American laws. The rule under consideration further chips away at the right to asylum that has long been enshrined in U.S. law.”
The rule is open to public comment until June 12. CWS intends to submit a comment on the rule, and further calls upon President Biden to uphold his campaign promises to uphold robust access to asylum and human border processing that recognizes the dignity of those seeking safety.
For more information, or to speak with Zak, contact media@cwsglobal.org.