ACLU Urges Biden Admin to Abandon Plans for Illegal Asylum Ban in New Public Comment

NEW YORK — The American Civil Liberties Union today filed a public comment in opposition to a rule proposed by the Biden administration that would force people to seek asylum and wait for an answer in Mexico, or another country they passed through, unless they are granted a date and time to apply through the flawed CBP One mobile application. In its public comment, the ACLU called the rule “unfair, unwise, and illegal,” and urged the Department of Homeland Security (DHS) and Department of Justice (DOJ) to abandon plans to implement it.

‘The proposed asylum ban is illegal and would cause countless asylum seekers immense, avoidable suffering,” said Katrina Eiland, managing attorney with the ACLU Immigrants' Rights Project. “The Biden administration knows this and if they proceed as proposed, they are choosing to ignore U.S. asylum laws and will face swift legal challenges.”

Instead of introducing a new unnecessary and illegal bar to asylum modeled on Trump bars that were rejected by the courts, the ACLU explained that DHS should return to lawful Title 8 processing and could expand its recent parole programs to cover a broader range of people. The ACLU’s public comment also argues that transit countries cannot provide meaningful protection for most asylum seekers, stating:

“The NPRM appears to suggest that the rule’s requirement is … reasonable because Mexico, Guatemala, Belize, Costa Rica, Colombia, and Ecuador may be viable alternative places of refuge for asylum seekers. This discussion ignores extensive evidence—including recent reports from the U.S. Department of State—demonstrating that these countries are too dangerous for migrants and/or unable to accept significant additional numbers of asylum seekers, as contemplated by the proposed rule.”

Over 10,000 supporters joined the ACLU in calling for the Biden administration to abandon its plans, through an ACLU petition.

The full public comment is available here: https://wp.api.aclu.org/wp-content/uploads/2023/03/ACLU-Comment-with-List-of-Attachments-3.27.23-AS-FILED-1.pdf