Last week CWLA signed on to a joint letter in opposition of the Asylum Reform and Border Protection Act (H.R. 391). The asylum and refugee programs in the United States are designed to assist victims of persecution in other countries.  Generally, these are adults and children who are being persecuted on the grounds of race, religion, nationality political repression or due to being part of a certain group.

In addition to CWLA, the letter of opposition was signed by nearly 3 dozen national organizations including Americans for Immigrant Justice, Human Rights First, Human Rights Watch, Interfaith Worker Justice, International Rescue Committee, Jesuit Refugee Service/USA, Juvenile Law Center, National Association of Social Workers, National Domestic Violence Hotline, National Immigrant Justice Center, National Justice for Our Neighbors, and National Network to End Domestic Violence to name some of the signers.

The legislation is moving its way through the House.  Among on the concerns:

  • toughens the expedited removal screening standard to an unduly high level,
  • prevents arriving asylum seekers who have passed the credible fear screening process from being paroled from immigration detention and instead leaves them in jails and jail-like facilities for months or longer,
  • Denys asylum to large numbers of refugees based on transit or stays in countries where they had no legal status, or no lasting legal status, and to which they cannot be returned in most cases,
  • Allows asylum applicants and unaccompanied children to be bounced to third countries (such as Mexico) in the absence of any agreement between the United States and the countries in question for the reception of asylum seekers. “Safe third country” policies are meant to improve the management of refugee claims by requiring asylum seekers to seek protection in the first country they arrive in.

It would also effectively eliminate asylum eligibility or withholding of removal for asylum seekers who have been victims or who have fears of persecution related to gang violence in their home country.

The bill also states that in no instance will the government bear expense for counsel for anyone in removal or appellate proceedings. Children – including toddlers – the mentally disabled, and other vulnerable people cannot represent themselves in our complex immigration system. Studies have confirmed that representation encourages appearance for court and saves the government money.

The legislation passed out of the House Judiciary committee on Thursday, July 26 by a vote of 19 to 11.