SILVER SPRING, Maryland — On Monday, May 13, the Biden administration published in the federal register new proposed policies that will affect asylum processing at the southern border. CLINIC opposes this proposed rule due to concern that it will further restrict asylum and due process for asylum seekers, perpetuating prior practices and restrictive policies that violate domestic and international laws and lead to grave harm for migrants.

"The asylum ban, launched a year ago, was immoral and contrary to the teachings of our faith to welcome the stranger and shelter the oppressed," said Anna Gallagher, executive director at CLINIC. "This new rule only further entrenches our country in the wrong direction on asylum policy. We urge the administration to change course."

"We are dismayed to see yet another instance of a proposed rule to further restrict the lawful right to seek asylum," said Elnora Bassey, policy attorney at CLINIC. "The potential impact of this proposed rule on asylum seekers is alarming. This new process would allow asylum officers to make rapid determinations about asylum eligibility for certain migrants during the initial credible fear interview, when migrants have just arrived and are least able to access counsel or even catch their breath after often long and perilous journeys. The new rule will weaken due process for vulnerable asylum seekers fleeing harm, undermining their safety and leading to deadly consequences."

"This rule would eliminate the value held by our legal system of a 'fair day in court'," said Elizabeth Carlson, senior attorney at CLINIC. "Mandatory bars to asylum are complex, and establishing evidence to support these determinations is fact- and time-intensive, which this proposed rule fails to recognize. This proposal will unduly exclude certain migrants from seeking asylum, a right they hold by law."

Following the one-year anniversary of the asylum ban issued on May 11, 2023, CLINIC calls on the Biden administration to commit to policies which enhance and strengthen the asylum system rather than erode protections for vulnerable individuals.