STATEMENT: Young Center Decries Dangerous Asylum Regulations

FOR IMMEDIATE RELEASE

Washington, D.C., December 11, 2020—Yesterday, on International Human Rights Day, the government finalized its most aggressive action to date to deny asylum to children and adults seeking safety in the United States. Asylum is a lifeline for the children we’ve been appointed to at the Young Center for Immigrant Children’s Rights. Each year, they apply for and win asylum despite having to do it in a system designed exclusively for adults.

Under the new rule, which will take effect on January 11, 2021, asylum will become an impossibility for most children, especially those arriving at the southern border. The rule would deny asylum to children who have transited through other countries on their way to the United States, deny asylum to children fleeing gang violence or recruitment, and deny asylum to children who suffer persecution on account of their gender or gender identity. It also denies children their day in court by allowing immigration judges to decide cases based on written applications without ever meeting the child.

“This rule takes effect just nine days before a new administration takes office, all but ending access to asylum for most children,” said Jennifer Nagda, Policy Director at the Young Center. “The rule is an affront to both U.S. and international law which codifies the right of children to seek asylum and for decision-makers to act in children’s best interests. It also breaches U.S. treaty obligations, creating sweeping categories of mandatory denials and weakening due process protections for children.”

The Young Center filed one of more than 80,000 comments to the rule when it was first proposed this summer and will continue to challenge the rule’s implementation—something that could take years now that the rule is final, which may explain the administration’s rush to release the final rule yesterday. More than ever, we must hold the Biden-Harris administration accountable to its promises to restore and improve our asylum system.

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The Young Center for Immigrant Children’s Rights is a non-profit organization that protects and advances the rights and best interests of immigrant children and advocates for an immigration system that treats children as children first. For press inquiries, please contact Noorjahan Akbar at media@theyoungcenter.org or 202-725-7184.