During President Biden’s State of the Union address, he highlighted the need for immigration reform. A day later, the administration stated in a court filing their plan to resurrect the Trump-era asylum transit ban, and the intention to rush through the required “notice and comment” period.

This move would add additional barriers to people seeking refuge. The new ban would create a “rebuttable presumption of asylum ineligibility” for migrants at the southern border who have not sought “protection in a country through which they traveled'' “unless they meet exceptions that will be specified.”  

In its previous form under the Trump administration, the ban was repeatedly struck down as unlawful. The Ninth Circuit Court of Appeals ruled that the Trump-era transit ban violated U.S. asylum laws which prohibit rejecting asylum seekers unless they have “firmly resettled” in a transit country, particularly if conditions in the transit country are not safe. The Biden administration must work with members of Congress to find ways to adequately address migration to our southern border without violating international and domestic asylum law.

Democratic members of Congress and civil rights and human rights groups have condemned the Biden administration's decision. While the administration has made meaningful movement on granting humanitarian parole policies for Cuba, Haiti, Nicaragua, and Venezuela, allies emphasize that these parole policies cannot displace existing asylum laws. Additionally, the financial resource requirements mean that the most vulnerable people seeking asylum will not reap the benefits of the parole programs.

Asylum is a legal right, but it is also a basic human right, founded on the right to human dignity. The existence of a GOP-themed asylum ban falters in the face of democratic values and results in more agency for ICE and CBP. Both groups have a known history of abusing people seeking asylum and separating families. Democratic lawmakers stand ready to work with the Biden administration to ensure a safe, humane, and orderly border that upholds the right to asylum - and we call on the Biden administration to do just that.

Sign the petition to President Biden: No transit asylum ban.

Participating Organizations
Coalition on Human Needs
Daily Kos
Faithful America
Justice For Our Neighbors El Paso
National Network for Immigrant and Refugee Rights
NorCalResist
Progressive Reform Network
Secure Justice
United We Dream Network