At MUA, we are heartbroken that families fleeing for their lives are once again being used during a presidential campaign and that the United States is reneging on its obligations to uphold international human rights law.
For more than 30 years, members of Mujeres Unidas y Activas (MUA) have fought to protect and strengthen asylum and sanctuary policies for those fleeing violence. We are now witnessing a new violation of International Human Rights Treaties and basic human decency, as the Biden administration uses Section 212(f) of the Immigration and Nationality Act (INA) to 'shut down' the border and reject legitimate asylum applications. This rule will undoubtedly result in the improper return of refugees to countries where they face persecution and torture.
El Department of Homeland Security (DHS) announced that starting June 5, people crossing the border “generally will not be eligible for asylum” unless they have a pre-scheduled appointment with “CBP One” at an official port of entry. This cruel policy will disproportionately affect families with children, which currently represent 40 percent of those who cross the border. It will also have a disproportionate impact on Black, Indigenous and disabled asylum seekers, and others who have had extreme difficulty accessing the CBP application from the government, which has left many people stranded in Mexico for months.
Those subject to the administration’s new rule would only have the opportunity to seek protection if they pass the ‘shout test’ - which means that, without being asked any questions about their circumstances, they -convince a border officer that they fear for their life. This puts their fate in the hands of officers with a history of mistreating asylum seeker , disregarding their fears and seeking to increase deportations, not qualified judges or asylum officers. People who can convince an officer to listen will be forced to meet a heightened standard of proof beyond even what was implemented by the Trump administration under its Title 42 policy. If they can meet that standard, they would only be eligible for lesser forms of humanitarian protection which, unlike asylum, do provide a pathway to citizenship or avenues for family reunification.
According to a legal analysis by the American Immigration Council, INA Section 212(f) does not give the President the power to subvert other established laws, including INA Section 208, which, pursuant to the 1980 Refugee Act, grants anyone who arrives in the US, whether or not through a designated port of entry, the right to apply for asylum.
For this reason, MUA supports CGRS and its partners in filing a lawsuit against the Biden Administration. We demand the repeal of this inhumane border policy as a violation of human rights and established law. We will continue to fight for a just immigration system that prioritizes the safety of asylum seekers and protects human rights.
We encourage community members to join us in opposing the new rule by submitting a public comment before the government's deadline on July 8.
Maria G., an asylum seeker from Guatemala who is a member of MUA, says: “President Joe Biden has done many things against immigrants. I implore him not to close the border and to give all the asylum cases a hearing. Many people cannot return to their country because they are at risk of death, violence and much more. He does not know the conditions of different countries or the situations we face in our countries.”
Juana Flores, Executive Director of MUA, states: “The administrative changes made by President Biden regarding the opportunity to apply for asylum are inconceivable for anyone fleeing extreme violence. Asylum seekers risk everything to reach this country—a journey that is far from easy—to escape crime, massacres, and death. They arrive with deep trauma from their past experiences and their journey, facing abuse and laws that offer no protection.”