RE: DHS Docket No. USCIS-2024-0006
As 61 religious leaders and 50 faith-based organizations representing many faith traditions, we call on the Biden Administration to immediately rescind harmful and sweeping asylum bans – including the “Securing the Border” Proclamation and its implementing Interim Final Rule (or the ‘Rule’) first announced on June 4 – and instead support asylum and border policies that live up to our values and affirm the value and dignity of all. The June 4, 2024 proclamation seeks to systematically erode the U.S. humanitarian protection system, eliminating access to protection even for those clear cases for asylum. As people and communities of faith, we urge the administration to reject these punitive measures and find solutions that allow asylum seekers to be welcomed with dignity. As faith communities, we are called by our principles and sacred texts to the spiritual practice of welcome. Our diverse faith traditions compel us to love our neighbor, accompany the vulnerable, and welcome the sojourner—regardless of place of birth, religion, or ethnicity. In response, our congregations have historically played key roles in meeting the needs of displaced people, including through longtime partnerships with the Department of Health and Human Services, the Department of Homeland Security, and the Department of State. This new rule will not only be ineffective, but also harmful, inhumane, and deadly for those fleeing harm and persecution. The rule severely limits access to asylum for most people who arrive at the border between ports of entry to seek protection – even those with a clear case for asylum under U.S. immigration law. The Rule is enforced when border arrivals exceed a certain threshold, meaning the Rule was effective immediately as of June 5, and it remains in effect until arrivals fall below a certain threshold. In the meantime, the Rule causes anyone who crosses between ports of entry to be ineligible for asylum. Although a lesser form of protection is still possible, it can only be accessed by individuals expressly “manifesting” their fear. The Rule enables the swift removal of vulnerable people and their families to potential persecution, danger, and death, with very narrow exceptions. Individuals and families that can be easily repatriated and returned, such as Mexicans and Central Americans, are those mostly likely to suffer the punitive consequences of this change in policy. Restricting individuals’ ability to make a case for protection clearly violates the Refugee Act of 1980, which enshrines the right to apply for protection for all who are at risk of persecution,
Comment of Interfaith Immigration Coalition
DHS Dkt. No. USCIS-2024-0006
Regardless of their method of entry into the United States.1 The first weeks of implementation of the Interim Final Rule have already resulted in at-risk individuals being prevented from raising their fear and summarily returned to Mexico without any due process, which has in turn led to overcrowding of shelters in northern Mexico. We are alarmed and strongly urge the United States to honor the non-refoulement principle under the 1951 Refugee Convention and the 1967 Protocol.2 Further, the Rule repeatedly references a provision of the Immigration and Nationality Act known as 212(f), the same authority that former President Trump attempted to use to implement travel bans targeting individuals from countries with significant Muslim populations. Those Trump-era bans – many of which were struck down by the courts – “stained our national conscience,” President Biden said in 2023. “The order separated loved ones and inflicted needless pain.” Now, in its first weeks of implementation, this rule has already contributed to suffering at the border, disproportionately impacting families with children. This policy shift is also poised to have severe repercussions for border communities, exacerbating the plight of asylum seekers who will find themselves stranded in perilous conditions. The implementation of these measures is likely to increase irregular border crossings, further straining resources and escalating the ongoing humanitarian crisis. Moreover, the Rule may cause migrants to be turned away if they walk up to a port of entry, limiting an avenue for legal entry. Thus, it may inadvertently encourage desperate individuals to resort to dangerous methods to reach safety. This not only endangers the lives of people seeking safety but also places additional burdens on local communities.
In President Biden’s announcement of the asylum restrictions on June 4, he pledged that he would take steps in the “coming weeks” to make the immigration system “more just and more fair.” While we welcome President Biden's resolute action to provide temporary relief to some spouses of U.S. citizens and some current DACA recipients, we emphasize that the extreme asylum restrictions within the Securing the Border Proclamation and the Rule are not and cannot be part of any just and fair immigration system and should be rescinded. Instead, we call on the administration and Congress to address immigration challenges with real solutions that would create more efficient, and effective processes for asylum seekers and populations in situations of vulnerability, which include:
• Expanding our capacity to welcome through funds like the Shelter and Services Program
and the Case Management Pilot Program
• Providing relief for undocumented caregivers by modernizing existing rules
• Creating new legal pathways for people to enter the U.S., especially from the Global South
