Friend, President Biden plans to revive a Trump-era asylum ban that would inevitably worsen conditions at the border and return vulnerable people to danger. Before we explain how you can help, here’s a quick recap of how we got here and why this issue is so important:

1) First of all, seeking asylum is a legal right enshrined in U.S. and international law. Four decades ago, the U.S. Senate unanimously codified the protections of the Refugee Convention into federal law (see below).

8 U.S. Code § 1158 - Asylum (a)Authority to apply for asylum (1)In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

2) The Trump administration weaponized Section 265 of Title 42 to expel migrants seeking protection at the U.S. border; President Biden has continued to expel migrants under Title 42 and has even expanded its use. Under the Biden administration, human rights advocates have documented more than 10,000 attacks — some fatal, including kidnappings and serious assaults — on asylum seekers who were expelled or blocked in Mexico due to Title 42.

3) Despite previously campaigning on a promise to restore our asylum system and turn the page on Trump-era policies, President Biden is now planning to replace Title 42 with an asylum ban. A couple weeks ago, the Biden administration announced it would soon bar asylum for people who pass through any third country en route to the border and are unable to seek protection there first. Put plainly, this new Biden policy is not only an attack on our laws and the U.S.’ commitment to welcoming people seeking refuge — it will force people back to the very dangers they fled, and in some cases, cost lives. This proposed ban is, at its core, Trump’s asylum ban under a different name.

President Biden made a promise to restore access to asylum, and we’re going to hold him to it. With your help, we can send a strong message that we will NOT stand for any attempts to dismantle our asylum system and put migrants in harm’s way.

Friend, will you join us in calling on President Biden to immediately reverse course on his plans to implement this Trump-style asylum ban, and to instead follow through on his promises to restore asylum? It's crucial that the Biden administration hears us loud and clear.

TAKE ACTION

Thank you for joining us in this important moment.

Lisa Graybill
Vice President, Law & Policy
National Immigration Law Center

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