SUMMARY OF ISSUE
In early June, the Department of Homeland Security (DHS) and the Executive Office of Immigration Review (EOIR) proposed a new rule that would effectively destroy the asylum process in the United States. This rule would make it almost impossible for survivors of gender-based violence – including women, and LGBTQ+ people, especially those lacking legal representation – to obtain asylum in the United States. Instead countless people will be forcibly returned to countries where they face abuse, physical and psychological violence, torture, and even death for standing up for their rights and being their authentic selves.
More specifically this regulation would:
- Change the definition of “persecution” so that even an LGBTQ person unlawfully detained by police for their gender identity or sexual orientation might not qualify
- Change the definition of “political opinion” to deny many asylum claims based on violence experienced for advocating for LGBTQ rights
- Impose irrelevant disqualifying factors for asylum so that, for example, a person could be denied asylum because they travelled through more than 2 countries before reaching the United States
- Excludes those who have been undocumented in the US for over a year before seeking asylum even in light of extenuating circumstances such as having PTSD
- Require more blanket exclusions instead of allowing asylum officers to make case by case decisions
This rule is designed to be so restrictive that almost nobody could be granted asylum. Our community must take action to oppose this rule now!
WHAT YOU CAN DO
This administration from day one has launched cruel attacks on group after group of immigrants – from the Muslim Ban, to attempting to end DACA, and now this full on attack on our asylum system. Today we have the opportunity to say no more. This proposed rule is open to public comment until July 15th at 11:59pm. Let your voice be heard in defense of human rights. You can submit your comment by mail or through an online form.
You can use the following language to start your comment. We encourage you to make your comment unique by including why you oppose this proposed rule:
I am submitting a comment on RIN 1125-AA94 or EOIR Docket No. 18-0002, Proposed Rules on Asylum, and Collection of Information OMB Control Number 1615-006. These proposed rules would essentially destroy the asylum system, harming asylum-seekers, refugees, and their friends, family, and communities. They are immoral, unfair, and illegal. For the reasons below, I strongly oppose these proposed rules and urge the Department of Justice (DOJ) and Department of Homeland Security (DHS) to withdraw them in their entirety.
[INCLUDE WHY ASYLUM MATTERS TO YOU: For example, do you have co-workers, family, friends, others in your community who are refugees? Do you practice a faith or belong to a tradition that encourages welcoming those seeking refuge from persecution? Do you work with immigrant clients, patients, or customers?]
We are including additional information below you can use as you write your comment. We encourage you to personalize your comment. The more unique comments the agencies receive, the more information they will have about why this proposal is extremely harmful to our community, which they must respond to before finalizing the regulation. Comments also create a record of public opposition or support for a regulation. These comments can have a major impact on whether this rule is enacted so it is imperative that as many people as possible submit their statements denouncing this violation of rights and defending asylum.
RESOURCES
EDUCATIONAL MATERIALS
- The Rule
- General Overview
- Seminar on Impacts of Rule
- Impacts on Survivors of Gender Based Violence
- Impacts on LGBTQ asylum seekers