The New Mexico Immigrant Law Center Strongly Rejects the Biden Administration’s Proposed Rules to Limit Asylum Protection

Media Contact Email: Sophia Genovese, sgenovese@nmilc.org

2|21|2023

Yesterday, the Biden administration released its proposed rule intended to significantly limit access to the US asylum system, jeopardizing the health and safety of millions of people. If enacted, the rule would create a “rebuttable presumption of asylum ineligibility” for individuals who have not sought “protection in a country through which they traveled” prior to arriving in the United States, or who did not arrive with authorization via the CBP One smartphone application. The proposed rule denies the realities experienced by many asylum seekers fleeing violence, and fails to acknowledge the racially-biased and technological glitches in the CBP One app which have created more barriers to seeking safety. 

This new rule also closely mirrors the Trump administration’s attempts to impose a transit ban on asylum seekers, which attempted to bar asylum protection to individuals who traveled through third countries prior to arriving in the United States. Trump’s transit ban was ultimately deemed unlawful, noting that the evidence did not support the government’s arguments that asylum seekers had a safe alternative in Mexico. Much like its predecessor, the Biden administration’s new rule must be scrapped and swiftly rejected. 

The New Mexico Immigrant Law Center (NMILC) meets with thousands of asylum seekers every year who have suffered extreme violence in their home countries on account of their race, religion, nationality, membership in particular social groups, and political opinions. Our clients are merely seeking safety for themselves and their families. Under existing law, and particularly in our jurisdiction with some of the highest denial rates in the country, the odds are already stacked against our clients, despite the very real threat of harm if returned to their home countries. This new proposed rule will all but ensure deportations back to danger. 

The NMILC joins nearly 300 legal service providers in voicing strong opposition to the Biden administration’s proposed rule, and calls on the administration to instead enact policies that ensure asylum seekers are welcomed with dignity. 

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The New Mexico Immigrant Law Center seeks to advance justice and equity by empowering low-income immigrant communities through collaborative legal services, advocacy, and education.