In Final Days, Administration Continues Devastating Attacks on Asylum

For decades, asylum protections have provided refuge for people fleeing violence in their home countries, a beacon of hope in our immigration system that represents values of safety, dignity, well-being, and human rights.

Time and time again, this administration has turned its back on this promise and whittled away at these values, choosing instead to use administrative rules that narrow paths to safety. Even as they head out the door, their attacks continue. In just this last week, the Department of Justice (DOJ) and Department of Homeland Security (DHS) published two new rules that make sweeping and devastating changes to asylum. They will deny the vast majority of asylum-seekers the opportunity to seek protections and will eliminate gender-based asylum—shutting the door to anyone fleeing life-threatening persecution due to their gender.

AIS condemns this brazen effort to end asylum as we know it and undo decades of legal precedent. The final rules were rushed through a shortened process and largely ignored input by advocates, asylum seekers, and allies who submitted nearly 90,000 comments. See comments on the DHS asylum rule from API-GBV, ASISTA, Casa de Esperanza: National Latin@ Network, and Tahirih Justice Center. We are grateful to our allies who are preparing court challenges. We shouldn’t be forced to go to court to defend basic values, but unfortunately that’s been a regular necessity during this administration.

The new rules are scheduled to take effect on January 11, 2021, and January 15, 2021 respectively, just a few days before Inauguration Day. We are hopeful that with a new administration on the horizon, the U.S. can once again embody our shared values. We have been busy with efforts to advise and make recommendations to the incoming Biden-Harris Administration, especially at the intersection of immigration and domestic violence and sexual assault policy. We appreciate all the feedback and input we have received from attorneys, advocates, and survivors, and will be sharing our policy priorities with you shortly.

The next administration must act swiftly to undo the harms of the past four years, safeguard due process, and ensure the immigration system prioritizes the safety, autonomy, and well-being of immigrant survivors and their children.

In Hope and Solidarity,
Archi, Cecelia, Grace & Rosie