Friend,

Late last night, the Biden administration finally ended its cruel Title 42 policy. Shamefully, the administration replaced it with a new ban which, like Title 42, will stop people from exercising their legal right to seek asylum at the border, putting lives in danger.

Friend, we must issue an urgent message to President Biden to reverse course and restore access to asylum immediately. We can and must welcome asylum seekers with dignity and respect.

This new ban seeks to deny broad categories of people the ability to even apply for asylum by discriminating based upon how they got to the border or entered the country. We already know that such a policy will disparately harm Black, Brown, and Indigenous asylum seekers, a majority of whom must cross through other countries to reach the southern border.

President Biden’s asylum ban will also make the process even more difficult for the asylum seekers who are not turned away outright. By weaponizing a process called ‘expedited removal,’ asylum seekers can be deported without ever seeing an immigration judge or speaking to an attorney if an officer decides that they don’t pass an initial screening.

For decades, through our ongoing litigation, NILC has monitored detention conditions, access to counsel, and due process violations. We know firsthand that a policy like this will undoubtedly fuel mass deportations and violate asylum seekers’ legal rights, including their right to a fair asylum trial.

We’ve seen it before. Last year, we assisted two people, Cecilia and Danielle, who fled El Salvador with their young children, trekking across miles of treacherous terrain, to reach the U.S. to seek asylum. Once they crossed the border, they were promptly detained by Customs and Border Protection (CBP).

They were shuffled from facility to facility, often placed in jail-like spaces with extreme temperatures and stale food. They were denied basic legal rights, like participating in a ‘credible fear interview’ to explain their case, and even the opportunity to contact a lawyer or family members.

One day, they were woken up in the early morning, loaded in a bus to the airport, and given pre-filled paperwork, as if they had actually been able to have an interview. Danielle states that amongst these answers, officials had written that her two-year-old son wanted to cross the border to find a job in Dallas.

Their stories and so many others like it exemplify the egregiousness of civil rights violations in detention facilities and under expedited removal, which often go undetected. This is a clear example of why this asylum ban must be revoked, and quickly.

Instead of enforcing unlawful and inhumane policies — the Biden administration should restore full and fair access to asylum. Period.

We hope you’ll join us in urging President Biden to restore asylum — if you haven’t already. Add your name to our petition to stand with Cecilia, Danielle, and many other asylum seekers who all deserve a chance to have their case heard.

Thank you for supporting the legal right to seek asylum.

Kica Matos
Incoming President
National Immigration Law Center