The Biden administration’s new rule, which took effect yesterday and has already been challenged in court, will unjustly prevent refugees from accessing protection at the southern border in violation of domestic and international law. The inhumane and unlawful rule will lead to the return of vulnerable refugees, including women, LGBTQ+ individuals, and other survivors of violence, to persecution or torture.
The Harvard Immigration and Refugee Clinical Program, in partnership with our student practice organization, the Harvard Law School Immigration Project, submitted a comment in March when the rule was proposed, strongly opposing it and urging the administration to withdraw it. More than 51,000 comments were filed during the public comment period, with the overwhelming majority opposing the ban.
Instead, the Biden administration rushed to implement the new rule. The new rule violates the right to seek asylum at the U.S. southern border by presumptively foreclosing asylum seekers from protection if they fail to meet one of the few extremely narrow exceptions.
The administration’s announced post-Title 42 plans fall far short of adequately addressing the urgent needs of border communities, non-governmental organizations, and cities and localities which require increased support and services for people seeking safety at the border. A humanitarian crisis must be met with a humanitarian response. The Biden administration should not undermine the fundamental right to seek asylum, and this rule should be rescinded.