Press Release

Washington, DC – The #WelcomeWithDignity Campaign is alarmed by the Biden administration’s expansion of its June 2024 asylum rule, making it even more difficult for people in need of protection to apply for asylum in the United States, and subjecting people seeking asylum to further danger. 

On June 4, 2024 President Biden issued a Proclamation and rule suspending access to asylum across the southern border, and allowing the government to quickly deport people without processing their asylum claims, with very few exceptions. Under this rule, people seeking safety can only access asylum by securing an appointment through the CBP One smartphone app, which is inaccessible, has extremely long wait times, and offers very few appointments. Originally, these restrictions could only be lifted when the number of encounters at the southern border dropped below an average of 1,500 people per day for a full week.  

On September 30, 2024, the Biden-Harris administration issued an updated Proclamation including a series of changes to the rule. Under these changes, the asylum shutdown will only be lifted if the daily average stays below 1,500 for 28 days, rather than the originally proposed seven days. This number will now also include encounters of unaccompanied children, who were previously excluded from the calculation triggering the shutdown. These changes will likely keep the restrictions in place indefinitely.

These changes do not offer concrete solutions to the growing humanitarian needs at our borders. They only exacerbate the suffering that people seeking safety endure during their journeys and upon seeking asylum. Numerous humanitarian and legal service organizations – many of whom are #WelcomeWithDignity members – have documented the disastrous consequences that the asylum shutdown has already had for people seeking safety. 

Under the current rule, people who express fear of being returned to their home country – the first step in claiming asylum – have been summarily deported, without even a legal screening or Credible Fear Interview (CFI),  to which they are entitled under U.S. and international law. This has included people the rule purports to exempt, such as victims of trafficking. Others have been deported because they did not know how, or were unable, to express their fear. Immigration officials have routinely told people seeking safety – including victims of organized crime, survivors of gender-based violence, LGBTQI+ people, and families fleeing with children – that there is “no more asylum” and they are not allowed to speak. Even those who manage to get a screening face significant barriers to accessing legal counsel, and under the rule are now forced to meet an unreasonably heightened legal standard of proof.  

The rule has also led to prolonged detention and increased family separation, with certain family members receiving fear screenings while others are arbitrarily and summarily deported. 

To learn more about the impacts of the Interim Final Rule, read “Don’t Tell Me About Your Fear” (published in August 2024) and “Six-Week Report: Implementation of the Biden Administration’s June 2024 ‘Securing the Border’ Asylum Ban” (published in July 2024). 

National and international law dictates that people who arrive in the United States have the right to apply for asylum, regardless of how they cross the border. Rather than entrenching cruel policies that do not address the growing humanitarian needs at our borders and around the world, the #WelcomeWithDignity Campaign urges our political leaders to embrace practical solutions that uphold a fair and humane asylum system. To read more about WWD’s common sense solutions, visit us online: https://wwdignity.org/solutions. 

“An indefinite ban on the fundamental right to seek asylum betrays our values as a country and fails to uphold our responsibility towards people seeking safety,” said Melina Roche, Campaign Manager of #WelcomeWithDignity. “We urge political leaders to acknowledge the ample evidence demonstrating that this rule has subjected people seeking safety to heightened danger. Enough with the cruelty. We need solutions that allow people to exercise their right to seek asylum.”

“The asylum shutdown rule is unlawful. That’s why CGRS and our partners sued to challenge it. But rather than taking steps to comply with our laws and protect human life, the administration has doubled down,” said Karen Musalo, Director of the Center for Gender & Refugee Studies (CGRS). “Banning asylum and violating human rights does not ‘secure’ our border. Sending refugees to their deaths does not make anyone safer. These ‘tough’ tactics may make for compelling political soundbites, but they create more chaos and dysfunction at the border, as this administration well knows. We urge President Biden and Vice President Harris to instead adopt real solutions to the humanitarian and operational challenges at our border, including the full restoration of a fair and humane asylum process.”

“Doubling down on an inhumane policy that bans asylum is not the answer to orchestrated anti-immigrant fearmongering,” said Eleanor Acer, Senior Director for Refugee Protection at Human Rights First. “This policy bolsters xenophobic and racist rhetoric that falsely portrays immigrants as threats. It endangers the lives of people seeking asylum and violates both U.S. and international refugee law.  Instead of playing politics with the lives of people seeking protection, the Biden administration should focus on urgently needed, real solutions, such as fixing the backlogs that undermine the effectiveness of our asylum system.”  

“This should be a moment for real leadership,” said Naomi Steinberg, Vice President of U.S. Policy and Advocacy at HIAS.  “In a moment when immigrants and asylum seekers are being slandered and maligned on the biggest political stages, the Biden administration should focus on solutions that balance two things at the same time: maintaining a secure border and maintaining the fundamental right to seek asylum.  This asylum ban does neither. In 1924, the United States shut its borders to people seeking safety. 100 years later, let’s not repeat the mistakes of our past.”

“This rule reinforces racist, anti-immigrant fear mongering that is destroying communities and endangering lives,” said President and CEO Lindsay Toczylowski of Immigrant Defenders Law Center (ImmDef). “ImmDef has represented countless individuals and families with valid claims of persecution who have been systematically separated and sent back to danger while this rule makes a mockery of our asylum system. We need leaders that have the political courage to move the debate away from doomed-to-fail policies like this one and towards safe, lawful pathways to asylum for those fleeing persecution and danger.” 

“With this move, the Biden-Harris administration is officially closing the doors on refugees and families seeking safety in the U.S. We have ample evidence showing that toxic policies like this put vulnerable people directly in harm’s way. Since the asylum ban was first implemented in June, El Paso has seen an increase in migrant deaths along the border wall. This is because, with virtually no access to protection, individuals are now more frequently forced to undertake dangerous journeys through the desert in extreme heat,” said Jennifer Babaie, Director for Advocacy and Legal Services of Las Americas Immigrant Advocacy Center in El Paso, Texas, and Ciudad Juárez, Mexico and New Mexico. “Let’s be clear: our asylum laws, still very much on the books, require our country to maintain pathways for families to seek safety. A decrease in families presenting themselves at our doorstep and an increase in migrant deaths should not be touted as a successful policy measure. We urge the Biden administration to reverse course, to stop violating our laws, and instead use every tool to expand effective pathways to protection, not gut them.”

“This illegal action is the wrong answer to a complicated problem. The U.S. should not slam its door to people who need asylum with a take-a-number process. The U.S. has the means, the resources, and the ingenuity to run an effective asylum system. This rule is an end-run around asylum, it endangers lives, and it crushes hope for those who genuinely need protection,” said Kelly Ryan, President of Jesuit Refugee Service/USA. “The reduction in border crossings since June has come at the expense of human dignity and respect for international law. All persons have the right to flee to seek asylum as well as to stay and flourish in their countries. It is the obligation of each country to create conditions for its citizens to remain and prosper, but asylum is necessary until all countries create the freedom to live in peace and security.”

“Once more, instead of delivering a humane, effective, and inclusive border and immigration system to our communities, politicians continue to embrace the dangerous policies that further erode our already strained immigration and asylum system. Under the current asylum restrictions, asylum seekers have been forced to take isolated, dangerous, and remote routes to reach the U.S. and submit their claims. In El Paso, we have seen a devastating and alarming rise in migrant deaths as a result of distorted policies like this asylum ban. By cementing this distorted policy, more migrants, refugees, and entire families who are forced to flee their countries will be forced to rely on unsafe transportation methods and dangerous routes such as rivers, canals, deserts, and mountains to reach safety and refuge,” said Fernando Garcia, Executive Director of the Border Network for Human Rights in El Paso, Texas. 

“The right to seek asylum is a fundamental human right enshrined in international law. Restricting

asylum eligibility and expediting deportations not only undermines this right but also puts vulnerable individuals, including those fleeing persecution and violence, at greater risk. Instead of closing doors, the United States should uphold its commitment to protect those seeking refuge from dangerous and life-threatening conditions,” said Ali Aljundi, Membership Engagement and Leadership Development Manager at Refugee Congress

“The Biden Administration’s decision to expand and finalize its June 2024 proclamation dismantling access to asylum at the border further entrenches failed Trump-era policies that have repeatedly proven unlawful, immoral, and futile,” said Monika Y. Langarica, senior staff attorney at the Center for Immigration Law and Policy at UCLA School of Law. “Extensive evidence has shown that restrictive policies do not stop people fleeing persecution from seeking refuge, but they do endanger lives and contravene this country’s legal and moral obligations. In issuing this rule, President Biden abandons his campaign promise to protect asylum. We continue to call on him to salvage his legacy on immigration policy by reversing course.”

“This rule continues to deny the human right to seek asylum to persons trying to enter the U.S. through the Southern Border. This final rule accepts and implements anti-immigrant narratives dehumanizing and embracing white supremacist discourses. The threshold established ignores the situations that force people to flee their countries and seek protection. It will leave vulnerable individuals and families at greater risk at the other side of the border,” said Dulce Guzmán, Executive Director of Alianza Americas. “We call on the Biden administration to reverse its course and lead with humanity and responsibility. Individuals seeking protection should not be deported or forcibly returned to Mexico. The U.S. should set an example and establish an efficient and humane humanitarian protection system. The U.S. has the resources and the capacity,” added Guzmán. 

“By lauding the success of early implementation of June’s presidential proclamation in cutting border encounters, the administration is effectively dismissing its moral and legal responsibility to provide a safe haven for those fleeing life or death situations,” said Kristyn Peck, CEO of Lutheran Social Services of the National Capital Area (LSSNCA). “The asylum system is in need of reform, but the answers are not to deny the dignity and right of individuals to seek safety at our doorstep.”

“IRAP opposed these restrictions when they were first introduced as temporary measures, and we continue to oppose them as cruel, illegal, and fundamentally misguided,” said Hannah Flamm, Senior Policy Counsel at the International Refugee Assistance Project (IRAP). “This final rule ensures that these inhumane policies are functionally made permanent, moving us even further from restoring a safe and orderly asylum system. Denying people the chance to seek protection doesn’t eliminate their need for safety, it simply pushes them into more extreme forms of danger and flies in the face of this country’s long history of providing refuge to those in need.”

“Punishing those who are forcibly displaced by violence and persecution is not only alarming but deeply misguided,” said Fatima Saidi, Director of We Are All America and an asylee herself. “The right to seek asylum is a cornerstone of U.S. and international law, and asylum seekers do not leave their homes by choice—they flee danger in search of safety. I know this experience firsthand. Our country has a proud tradition of welcoming those in need, and this tradition has only strengthened and diversified our communities. We, the newcomers, have been contributing to our economy, workforce, and society. Every person deserves the right to live, work, and raise their families in safety. The United States must honor its commitment to asylum seekers and focus on solutions that uphold the dignity and humanity of those seeking refuge.”

“America’s asylum system needs upgrading to adapt to historic levels of global displacement and address the humanitarian challenges host communities face,” said Hans Van de Weerd, Senior Vice President for Resettlement, Asylum, and Integration at the International Rescue Committee. “Making it even harder to lift these misguided rules that have been deeply harmful to families and individuals seeking safety at the southern border is a profound mistake. Restricting the right to seek asylum violates U.S. refugee law and sends a counterproductive message to other countries hosting people seeking safety that refugees can be turned away at will. People seeking asylum in this country significantly contribute to American communities, including economically. They fill essential jobs, start new businesses, and pay taxes. These contributions are endangered under this counterproductive policy.”

“The American Friends Service Committee (AFSC) is beyond disappointed that the Biden administration, once again, is using its power to further restrict people’s access to safety rather than working to expand migration options and create systematic change to an outdated process,” said Imani Cruz, Global Policy Coordinator with AFSC. “We should be protecting people’s freedom to move, not deterring it. We urge the administration to undo this rule, along with all other barriers to claiming asylum, and redirect their energy into creating a more welcoming system.”

“The Biden administration’s decimation of asylum is disappointing and alarming,” said Kica Matos, president of the National Immigration Law Center. “It will further endanger the lives of people forced to leave their homes in search of safety while also exposing thousands of people to persecution and abuse. Doubling down on harsh, enforcement-only measures will cement President Biden’s shameful legacy of bringing our asylum system to a screeching halt, reneging on our legal and moral commitments as a welcoming nation. We urge the Biden administration to reverse course immediately. Closing the door to asylum will never be the solution to global forced migration challenges.” 

“The Biden administration’s continued attack on the fundamental right to seek asylum not only violates US and International refugee law, but sends a clear message that protecting the most vulnerable is not a priority. These egregious and inhumane anti-asylum policies consistently cause disproportionate harm to Indigenous Peoples. We are especially concerned for Indigenous women, girls, children and the LGBTQ2s+ community, who are at heightened risk for sex and human trafficking because of their gender, Indigeneity, and Indigenous languages. As we have stated before, it is crucial that Indigenous Peoples’ rights be guaranteed  in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.” Said Lorena Brady, Policy and Program Manager with the International Mayan League. “The US government must develop policies that do not perpetuate harm. We urge the Biden administration to rescind asylum restrictions and work towards humane solutions.”

“Penalizing people who are forcibly displaced is alarming and short-sighted,” said Danilo Zak, Director of Policy for Church World Service. “The right to seek asylum is guaranteed under U.S. law. Asylum-seekers do not want to leave their homes; they are forced to because of violence and persecution. The long-standing U.S. tradition of welcome has strengthened and diversified our communities. New Americans build up our workforce, creating more job opportunities for all. Each and every one of us deserve a safe place to live, work, and raise our families, and the United States must honor its commitment to those seeking the promise of America and focus on border solutions that recognize the dignity and humanity of all those seeking refuge.”

“The latest restrictions on asylum processing at the border by the Biden-Harris administration demonstrate an alarming absence of moral compass,” said Dylan Corbett, Executive Director of the Hope Border Institute. “Factoring in the arrival of children to deny asylum processing to other vulnerable people is troubling. We call on the Biden-Harris administration to urgently reverse course by fully restoring access to asylum at our border and to acknowledge the lives and dreams of those we call neighbors at our US-Mexico border.”

“Even as U.S. officials uplift the progress they have made to address migration challenges with regional partners in the Americas, they are actively undermining U.S. laws and international norms to further restrict access to asylum at the border,” affirms Maureen Meyer, Vice President for Programs at the Washington Office on Latin America (WOLA). “At a time of historic levels of migration and countless people fleeing violence and persecution, the Biden administration should be seeking ways to improve, not limit, access to asylum.  We cannot expect regional partners to adopt a safe and humane approach to migration flows when our own policies are curtailing access to asylum and forcing others to wait months in Mexico in unsustainable and often dangerous conditions.”

“It is shameful that the administration is pushing policies to criminalize and demonize people for simply seeking safety,” said Ronnate Asirwatham, Government Relations  Director, NETWORK Lobby for Catholic Social Justice. “All our policies must center on the dignity of human beings and the fact that these new proposed policies would add to the suffering of people seeking safety and communities who welcome them is a moral tragedy. 

“CARECEN SF decries the Biden Administration’s September 2024 final rule to restrict asylum eligibility at the U.S. southern border” said Lariza Dugan-Cuadra, Executive Director of the Central American Resource Center of Northern California – CARECEN SF.  “This final rule is even more dangerous for those seeking safety than the interim final rule, ensuring that the ban will not be lifted absent rescission of this rule.  Under this final rule, daily border crossings without a CBP One appointment would have to be under 1,500 per day for 28 consecutive days, instead of 7, for a ban on asylum to be lifted. The practical harm resulting from this final rule is CBP’s ability to immediately deport people speaking any language they do not understand, especially indigenous languages, and people with disabilities unable to verbalize their fear. The U.S. has agreed via the international Refugee Convention not to penalize people seeking safety based on their manner of entry into the U.S., yet this final rule restricts asylum based on exactly that – banning asylum unless someone manages to enter using the problematic CBP One app. This final rule, and accompanying rules in the same spirit of restricting asylum, truly mark this nation’s descent into detachment from our shared humanity – taking us from Beacon of Light to barely flickering. CARECEN SF calls on this Administration to rescind this rule and shift its approach toward people seeking safety to welcome them with dignity.”

“As a humanitarian service provider in the San Diego border region for the past six years, Jewish Family Service of San Diego works daily to welcome children and adults seeking their legal right to asylum in the U.S.,” said Michael Hopkins, CEO, Jewish Family Service of San Diego, operators of the San Diego Rapid Response Network Migrant Shelter Services. “These restrictions unjustly keep families and individuals from seeking safety. Instead, we should be working together to rebuild our immigration system to welcome newcomers with compassion and dignity.”

“Access to asylum can and must remain at the heart of an immigration system that promotes order and upholds our historic commitment to offering safety to those fleeing persecution,” said Zain Lakhani, Director of Migrant Rights and Justice at the Women’s Refugee Commission. “Arbitrarily closing the border to people fleeing persecution does not further the essential pursuit of a safe, humane, and orderly migration system. Neither does an asylum process that fails to provide meaningful opportunities for people to voice their fear. This rule does not reflect the Biden Administration’s commitment to promoting safe and orderly migration or upholding our nation’s most fundamental values.”