Among the most concerning proposals:
- Raises the standard definition of "persecution" in contradiction of International law and accepted international standards
- Forecloses asylum claims based on gender, general violence, and forced membership in gangs
- Will disproportionately impact women, children, and LGBTQ+ asylum seekers
- Narrows who can qualify for political asylum
- Under the proposed regulation, an immigration judge may pretermit an asylum application in two circumstances: (1) Following an oral or written motion by DHS, and (2) sua sponte upon the immigration judge's own authority. Translation: No due process, no hearing in court, no chance for asylum seekers to tell their story or explain their fear and make their case.
- Forecloses protection under the Convention Against Torture if the torture is by a "rogue" member of the government or government official acting on their own.
- Mandatory consideration of how the individual came into the United States. Establishes a list of 9 adverse factors to keep asylum seekers from winning their case, including:
• Barred if one spends 14 days in a 3rd country on the way to the US.
• Barred if irregular entry (i.e., other than presenting oneself to an
immigration officer at a designated crossing) to the US.
• Barred based on taxes "and related obligations" (even though
simultaneously changing the work authorization rules).
• Barred from asylum if one has travelled through 2 countries to get to
the United States.
- Gives officers (not Immigration Judges) broad authority to declare asylum applications “frivolous,” barring migrants from seeking other forms of immigration relief in the United States.
- The new policy doesn't state if it will apply to people who are waiting for asylum applications to be adjudicated now; this could be 866,000 people who applied under a different set of rules.
- Bans all claims to asylum arising out of gender-based harm, affecting countless women and LGBTQ asylum seekers fleeing horrific violence.
- Bans all claims to asylum arising out of gang violence and recruitment, despite an internationally recognized crisis that has propelled Central American nations to war-level murder rates due to gang violence.
- Ensures fast-track deportation for asylum seekers by drastically raising the burden they face to prove their claims in their initial interviews.
- Annihilates claims of well-founded fear of future persecution by including a perverse requirement that applicants show direct failure of their government to intervene.
- Breaches confidentiality requirements that enable asylum seekers to safely disclose their fears and the violence they suffered to asylum officers and judges, likely chilling countless people from sharing their stories.
If these rules were in place when most of our parents, grandparents or great-grandparents came to this country none of us would be here now! (Especially those that had to go to two or more countries to take a ship to America!)
Comments should state your opposition and be personal. Tell your family story of immigrating to the U.S. If your family members were refugees share that.
You can go to the page for comments here then click on the open docket folder and post your comments.
Here is a sample comment:
I am writing to share my strong opposition to the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) Joint Notice of Proposed Rulemaking: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review; RIN 1615-AC42 / 1125-AA94 / EOIR Docket No. 18-0002/ A.G. Order No. 4714-2020.
As a Reform Jew whose faith emphatically establishes both a moral and legal obligation to “welcome the refugee,” I object to these proposed changes because they would effectively make it impossible for anyone to find safety in the United States through the U.S. asylum system. They would deny most asylum seekers their day in court, and they would completely bar the granting of asylum on the basis of gender. They would also change the very definition of what “persecution” means. In addition, they would make getting asylum because of one’s political opinions or membership in a particular social group exponentially more difficult and quite absurdly, deny asylum to people who have two or more layovers while they travel to the United States.
If these proposed changes were to be implemented, they would roll back decades of established legal precedent, resulting in the disappearance of refugee protections that have long been accepted as a key part of who we are as a country. The Torah teaches 36 times to “welcome the stranger” and to be mindful of the immigrant. This violates our tradition.
[Insert your own opinions about why you support a strong U.S. asylum system and immigration system and why you oppose the proposed changes. For example, why does abolishing the U.S. asylum system violate your Jewish values? Does your family have a refugee story? Are you friends with someone who is an asylum seeker or was granted asylum? Do you work/volunteer with refugees? Have you seen firsthand how refugees contribute to your community? If you are LGBTQ or care about LGBTQ community state how this may be used to discriminate against LGBTQ Asylum seekers and refugees fleeing persecution and oppression.]
It is for these reasons that I urge you to immediately rescind the Proposed Rule and instead dedicate your efforts to advancing policies that respect individuals’ legal right to seek asylum.
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Thank you Kol Ami for always responding to the call for justice.
