Yesterday, U.S. Attorney General Merrick Garland vacated Matter of A-B- I & II and Matter of L-E-A- II, three controversial, precedent decisions that resulted in denials of protection to countless refugees, in particular those fleeing gender-based or gang violence. We at the Harvard Immigration and Refugee Clinical Program applaud Attorney General Garland for taking action to restore the rights of survivors of domestic violence and other vulnerable communities seeking asylum in the United States.
Attorney General Jeff Sessions published Matter of A-B- I on June 11, 2018. It was met with deep concern by immigration advocates, including our Program, who argued that it was inconsistent with our domestic and international obligations under the 1980 Refugee Act and the 1967 Protocol to the UN Refugee Convention, among other significant legal errors. Acting Attorney General Jeffrey Rosen, who served for under one month, duplicated several of those errors in publishing a successive decision, Matter of A-B- II on January 14, 2021. Our Program has continued to speak out against the harm caused by these decisions and we filed amicus briefs in partnership with Greater Boston Legal Services and other organizations regarding Matter of A-B- I in 2018 and 2020.
U.S. asylum law has faced a steady stream of attacks over the past four years and many people seeking safety in the U.S. have been denied the protection they qualify for under domestic and international law. We hope Attorney General Garland and the Biden administration as a whole continue to take action to undo past harmful policies and to push forward pro-immigrant legislation and executive actions.