DHS Tries to Ignore Federal Law and End Asylum, Again
The administration has been relentless in its attack on asylum and has increasingly used COVID as a pretext for ignoring asylum law. Most recently, the government has issued a proposed rule that would prevent asylum-seekers from accessing asylum by labeling them a public health threat simply for traveling through another country where COVID is present, who merely exhibit symptoms of the virus, or who come “into contact” with the virus because of government policies that insist on detaining people seeking safety in jails where the virus is rapidly spreading.
Not surprisingly, the administration’s proposed rule contains no exceptions for children. The United Nations High Commissioner for Refugees has recommended against using the pandemic to restrict access to asylum, and other countries have abided by both legal and moral obligations to ensure the safety of migrant children during the pandemic. Within the United States, public health experts rejected the public health justification for the rule, finding that it is “not based on public health evidence or best practice and is likely to be detrimental to public health and the health of those seeking asylum.” Nevertheless, DHS has once again adopted a policy that will return children to traffickers, persecutors, and abusers, in the name of “public health.”
Take a stand: Submit a Comment Now
Click here to submit a comment. The deadline to submit a comment is August 10, 2020 at 11:59pm ET.
Our supporters can have an impact on whether this proposed rule becomes official by submitting comments opposing the rule. Immediately below is sample language—a “comment template”—that you can use to create your own comment. The government will only respond to unique comments, so it is important to put your thoughts into your own words. We encourage you to revise the template to highlight your own concerns and include any experiences, perspectives, and values that inform your opinions. If applicable, add information about your personal and/or professional experience and how it informs your opinion. Please remember that if you have served as a Child Advocate you cannot share children’s stories, though you may discuss how volunteering as a Child Advocate has impacted you.
This comment is submitted in opposition to the proposed rule Docket No: USCIS 2020-0013, A.G. Order No. 4747-2020.
I oppose the proposed rule and demand that it be withdrawn in its entirety because it deprives asylum-seekers, including children, from their right under federal law to request asylum, under the false premise of protecting public health and ensuring national security. I am particularly concerned that the proposed rule will jeopardize the safety and well-being of children by denying them asylum either at the border or once in the United States and returning them to their persecutors, traffickers or abusers in violation of U.S. law and basic principles of child welfare and human decency.
The proposed rule not only conflicts with our values as a nation that provides refuge to the most vulnerable, but also violates our country's refugee and immigration laws, which guarantee the right to seek asylum. Children are specifically protected under the Trafficking Victims Protection Reauthorization Act, which requires that children who come to our door seeking protection must be given a chance to tell their stories and pursue legal relief. These proposed changes make that impossible. If enacted, children with well-founded fears of persecution will be returned to countries where they face grave harm and even death.
The proposed rule is also contrary to the best interests of children, as defined both by state child welfare laws and the Convention on the Rights of the Child. Children have no control over the factors that drive them away from their countries and through “transit” countries to reach the United States, their placement in government custody, or their exposure to communicable diseases. But the rule would deny asylum to children based on each of these factors. Every child has a basic right to safety. By returning children to their abusers, persecutors, and traffickers, the rule denies children that basic right.
Finally, each child’s story is unique and must be heard. In order to understand what would be in the best interests of a child, an asylum officer or immigration judge must have an opportunity to meet with the child and learn the child’s story. The proposed rule makes that impossible by allowing immigration judges and asylum officers to apply a broad ban simply because of the child’s location while traveling or in government custody, or because the child has symptoms of an illness.
Based on these concerns for the rights of immigrant children, I urge DHS and DOJ to immediately withdraw the proposed rule and instead dedicate their efforts to ensuring that individuals fleeing violence are granted full and fair access to asylum protections in the United States.
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Juan’s Story
Asylum has been a lifeline for hundreds of the vulnerable children served by the Young Center. Juan is one of them. Click on the image below to read Juan’s story.
