Letter
Published on February 9, 2021
Dear President Biden:
The executive orders your administration issued last week are welcome initial steps toward ending the illegal and inhumane asylum and border policies implemented by the Trump administration. The undersigned faith-based, legal, humanitarian, and human rights organizations urge your administration to swiftly rescind the harmful policies still in place, provide refuge to children, families, and adults fleeing persecution and torture in compliance with U.S. law and treaty obligations, communicate and coordinate with civil society groups assisting asylum seekers, and ensure sufficient resources are dedicated to guarantee a humane and dignified reception of people seeking protection.
We applaud your administration’s rescission of some unlawful Trump administration policies, including the asylum entry ban proclamation, the use of fast-track deportation programs that block asylum seekers from access to legal counsel, and the “zero tolerance” policy that led to large-scale family separations. We also welcome the State Department’s announcement, following your directive to review the asylum cooperative agreements, that it “has suspended and initiated the process to terminate” these agreements, which transfer asylum seekers to countries that are not safe for refugees and do not have functioning asylum systems.
Your executive order issued on February 2, 2021 directs prompt review of some Trump administration policies, including the Migrant Protection Protocols (MPP), the misuse of Title 42 public health authority, and the third-country transit ban. We urge your administration to complete rapid reviews of these and other policies listed in the order and to end them expeditiously. Their illegality and devastating consequences are abundantly clear. Public health experts have repeatedly confirmed that policies to block and expel asylum seekers do not safeguard public health. Review of expedited removal and asylum eligibility, as indicated in the order, are also crucial, and we look forward to engaging with your administration on needed reforms.
Every day that holdover Trump administration policies remain in effect, people seeking U.S. humanitarian protections are being turned away or expelled to places where their lives are at risk in violation of U.S refugee and anti-trafficking laws and treaty obligations. Last week a dozen Mexican police officers from a reportedly U.S-trained unit were implicated in a January 2021 massacre of Guatemalan migrants in the state of Tamaulipas, where the United States continues to expel individuals under Title 42 and where thousands of people await MPP adjudication of their requests for asylum in the United States. There were already over 1,300 public reports of rape, kidnapping, and assault against people forcibly returned to Mexico under MPP alone. Haitian migrants, including asylum seekers, are being expelled to the country they fled without access to the U.S. asylum system. Families and adults, including asylum seekers, continue to be expelled to Mexico. In addition, the third-country transit ban – an interim version of which was vacated and enjoined by separate federal courts – was finalized in late December 2020 by the Trump administration and is now back in effect. It bars asylum for virtually all refugees seeking protection at the southern border and separates refugee families. A deportation to Cameroon, which had included asylum seekers denied protection because of the illegal third-country transit ban, was cancelled this week just hours before takeoff.
As the administration reviews these policies, each day counts. Many families seeking asylum in the United States remain separated, torn apart by U.S. border officers who forcibly returned or expelled their family members alone to Mexico. While the review takes place and as the Department of Homeland Security (DHS) begins to receive, rather than block or expel, people seeking protection in the United States, the administration must ensure that:
In the coming days, your administration must also swiftly address other harmful and illegal policies not mentioned in the Executive Order that block, punish and deny relief to children, families and adults seeking humanitarian protections in the United States, including:
Finally, we are grateful to see your administration commit to restarting the Central American Minors (CAM) program, which provided a pathway to safety through resettlement or humanitarian parole for children from the Northern Triangle of Central America by reuniting them with a parent in the United States. As your administration initiates this process, we recommend:
To ensure communication and address emergent issues during the review of these policies, we respectfully request that your administration:
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