Lawyers for Good Government (L4GG), the nation’s largest community of attorneys committed to human rights and equal justice for all, strongly opposes the Biden administration's latest proposed changes to the U.S. asylum system. These modifications drastically increase the vulnerability of migrants at the U.S.-Mexico border, representing a continuation of restrictive practices that put access to asylum increasingly out of reach.
The new rule proposed by the administration would allow asylum officers, who are not typically lawyers or judges, to determine a person's ineligibility for asylum during preliminary screenings—decisions that could lead to swift deportations without adequate legal representation or a fair hearing. This approach starkly contrasts with previous practices that ensured asylum seekers could argue their cases in a comprehensive manner, safeguarding against wrongful deportations.
"These changes are not just administrative tweaks; they are life-threatening alterations to a system meant to offer refuge to individuals at their most vulnerable moment," said Priscilla Orta, Director of Project Corazon at Lawyers for Good Government. "Denying people their right to a fair process, with adequate time to obtain legal counsel and present critical evidence, is contrary to the principles of justice and humanity that our asylum laws are founded upon."
In conjunction with this rule, which will be finalized after a public comment period that ends June 12, 2024, new internal guidelines and a memo advocating the use of classified evidence in asylum decisions further obscure transparency and due process. This memo permits immigration officers to consider secret evidence against asylum seekers, often without the possibility of rebuttal or even disclosure that such evidence is being used. This practice sets a dangerous precedent, undermining the integrity and fairness of the U.S. legal system.
Project Corazon has witnessed first-hand the dire situations of asylum seekers who have been affected by stringent border policies. Many families and individuals fleeing extreme dangers possess valid asylum claims that are dismissed or overlooked due to rushed and unjust processes.
Lawyers for Good Government calls on the Biden administration to honor its campaign commitments and executive orders by rescinding these harmful measures and instating a fair and humane asylum process. These changes not only jeopardize the lives of those seeking sanctuary but also diminish the United States’ standing as a beacon of hope and safety.