Biden Administration Must Defend Due Process, Change Course on Deterrence Goals

Americans for Immigrant Justice (AI Justice) welcomes the end of Title 42, denounces the Biden Administration’s asylum ban, and uplifts opportunity for compassionate immigration policy 

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Miami, FL (May 11, 2023) — For the past three years, the ability to access asylum in the United States has been effectively shut down by the Title 42 public health law—leaving many individuals who fled their homes in search of safety in vulnerable situations along our Southern border. Among other policies announced by the Biden Administration to address the end of Title 42, yesterday the Administration finalized a new rule which would ban thousands of individuals from seeking asylum in the United States.

“The U.S. government has a moral and legal obligation to provide a fair opportunity to seek asylum for those coming to our borders in search of safety.  Instead of strengthening systems to access asylum and protecting vulnerable immigrants, the Biden Administration has announced a plan which focuses on deterrence and swift enforcement measures,” said Shalyn Fluharty, Executive Director at Americans for Immigrant Justice. “The asylum ban rule would deem countless individuals ineligible for asylum based solely on how they arrived at our borders. With no exaggeration, this could be a death sentence for many. In effect, the asylum ban is an invisible border wall, a cruel way to keep out those in need. We call on President Biden to strengthen the process to seek asylum at the border and make seeking asylum a true option for people who need it.”

“While the focus of Biden’s border policies is rooted in deterrence and enforcement, the Administration is also working to expand other migration pathways—including an expansion to the Family Reunification Parole process and a commitment to increase the number of refugees accepted from the Western Hemisphere,” said Cindy Woods, National Policy Counsel at Americans for Immigrant Justice. “These policies are a welcome development; however, they cannot be a tradeoff for continuing to ensure that those most vulnerable who are seeking safety in the United States are processed with dignity and due process.”

For more information on the asylum ban and the Biden Administration’s response to the end of Title 42, read AI Justice’s recent post on the Immigration State of Play Post Title-42.