The Biden administration proposed a new rule that would bar most migrants from being able to seek asylum if they did not seek asylum in a country through which they transited or based on how they entered. This is, essentially, an asylum ban, and an almost exact copy of a similar policy by the Trump administration.
The rule is convoluted, and bars asylum seekers unless they either 1) applied for asylum in a third country on the way to the U.S. and were denied and 2) have a previously-scheduled appointment at the port of entry, which must be done through CBP One (more on this later). They also cannot have crossed between ports of entry; anyone who does not fit with these criteria will be presumed ineligible for asylum, subject to certain exceptions due to “exceptionally compelling circumstances.”
The rule would also make CBP One, a smartphone app that allows migrants to book asylum appointments at ports of entry, the only pathway to seek asylum. This bars migrants without the finances and resources, such as having a smartphone or stable internet connection, from any hope of finding safety.
Navigating the app is also an impossible nightmare. As we detailed in collaboration with our RFM USA partners in a report to the OHCHR, the app has been fraught with numerous glitches. The facial recognition software is struggling to detect migrants with darker skin, blocking Black and Brown asylum seekers from reaching safety.
The CBP One app has also had difficulties recognizing children. Additionally, families are often unable to register all family members before the appointment slots rapidly fill. This leaves parents with the impossible decision to either forgo their asylum hearing or separate from their children. This is the new reality of family separation.
Meanwhile, Title 42 remains in place at least until May, when the COVID-19 emergency is set to expire. 20 states led by anti-immigrant politicians are suing the Biden administration in an attempt to end the humanitarian parole program, which allows Haitians, Venezuelans, Nicaraguans, and Cubans to apply to live and work in the U.S. for up to 2 years.
We celebrate any new pathways to lawful migration, but the humanitarian parole program is no replacement for asylum. And should the lawsuit block new applications, it will mean that most migrants are left with virtually no legal options left to seek safety in the U.S.
How to Take Action
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Speak out Against the Asylum Ban: Right now until March 27th, the Biden admin is accepting comments from the general public on the proposed rule. Visit NoAsylumBan.us to leave a comment explaining why you think an asylum ban is a bad idea. Make sure to edit the example comment, as duplicate comments will not be included.
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Stand Up for Humanitarian Parole: We urge any residents of the 20 states that are currently suing the Biden administration to end the humanitarian parole program for Venezuelans, Nicaraguans, Haitians, and Cubans, to contact your governor and attorney general and let them know that you disagree. Click HERE to see if you are a resident, and to find your local officials’ contact information.
You can click HERE to support our work to defend the rights of asylum seekers.
Comments
Sister Maryann ... (not verified)
I am disappointed with the Biden administration’s proposed rule regarding the right of very vulnerable human beings to seek asylum in our country. No one in support of this rule would want their family members to experience what many of these people have in their country of origin or on their way to the United States. This rule will cause confusion and chaos at the border. It will also create even a greater bottleneck in our immigration courts.
Dorothy Moczygemba (not verified)
Not wanting our own families to ever undergo what migrants today face is a prime example of the global "pandemic of indifference" of which Pope Francis speaks.
No one in support of this rule would want their family members to experience what many of these people have in their country of origin or on their way to the United States
Dorothy Moczygemba (not verified)
Did not intend to resend the sentence which begins with "No one in support . . . ."
Jeanne Clarkson (not verified)
Daily I see our government straying from the fundamentals that so many in our world saw as unique and hopeful, namely a democratic society and a welcoming nation. The focus of America these days is solely to make rich Republicans richer at the expense of the poor and disenfranchised. Our current Congress will prevent any simplification in our immigration laws. Year after year this has been called for; year after year this plea is ignored. I am disappointed in the Biden administration. Just and compassionate laws are like water that lifts all boats, Democrat, Republican, Independents et al. When will we ever learn?
Dorothy Moczygemba (not verified)
The proposed asylum ban ENABLES CONGRESS to continue DOING NOTHING. Immigration reform is our whole government's responsibility, not just the administration.
Fran P Aguirre (not verified)
Is white supremacy ruling this country? It sure looks like it! There were thousands of lower income workers that died during the pandemic. We are badly in need of workers in this country and... look at what we do especially to immigrants of color be they from Haiti or Central America, etc.
Fran P Aguirre (not verified)
Let immigrants into this country while they wait in a line that doesn't even exist! Create that line now!
Susan Ring (not verified)
Please let immigrants into this country!! President Biden, you promised this very fact when you were running for President!