CHC, CAPAC, CBC and CPC Comment on Proposed Rule for Asylum
The comment signed by 68 members of Congress, includes concerns on the creation of presumptions against asylum and questions the reliance on the CBP One mobile app
WASHINGTON, D.C. –Yesterday, the Chairs of the Tri-Caucus and the Congressional Progressive Caucus (CPC) – Rep. Nanette Barragán, Congressional Hispanic Caucus (CHC); Rep. Judy Chu, Congressional Asian Pacific American Caucus (CAPAC); Rep. Steven Horsford, Congressional Black Caucus (CBC); Rep. Pramila Jayapal (CPC); and CHC Deputy Chair, Rep. Adriano Espaillat – led 68 of their colleagues in a comment to the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) on the joint notice of proposed rulemaking (NPRM) that would set in place additional restrictions to seek asylum.
The proposed rulemaking, published on February 23, 2023, would restrict migrant's abilities to seek asylum unless they meet specific exceptions and would also coincide with the Administration's order to terminate the public health emergency and the expiration of Title 21.
"Asylum is a legal right that should be available regardless of a person's manner of entry. We cannot continue to make it harder for those who come to seek asylum who are oftentimes fleeing violence, suffering from chronic illnesses or are victims of human trafficking," said CHC Chair Nanette Barragán and Deputy Chair Adriano Espaillat. "Even if they are able to rebut presumptions, it would be extremely difficult for them to be able to provide proof of the reasons that drove them to leave their countries."
In the comment, lawmakers called on the Biden Administration, DHS and DOJ to adhere to the President's promise to "uphold our laws humanely and preserve the dignity of immigrant families, refugees, and asylum seekers" by completely withdrawing the NPRM. Additionally, the Caucuses offered to help craft alternative solutions to handle the increasing number of asylum seekers in a form that respects the human dignity of asylum seekers.
"We write to express our deep concern that this NPRM will prove harmful to asylum seekers at the U.S. border. By placing overly burdensome and needless restrictions on the ability to seek asylum, the Departments' proposed rule runs afoul of this nation's founding principles and violates the U.S.'s obligations to asylum seekers under domestic and international law," read the comment. "We call on the Departments to withdraw this rule and instead pursue policies that preserve meaningful and humane pathways to asylum for all migrants who seek protection within our borders."
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