CLINIC on Asylum and the Rule of Law

“U.S. loses when executive branch stops following laws it does not like”

Washington, DC – A new op-ed in The Hill by the Catholic Legal Immigration Network (CLINIC) points out that Trump administration changes to the asylum process are undermining the rule of law, with potentially fatal results.

The piece, “Trump administration makes a mockery of asylum system,” was co-authored by CLINIC’s executive director Anna Gallagher and Victoria Neilson, managing attorney for the Defending Vulnerable Populations Program. It explains how two Trump administration changes in asylum put human lives at risk, in an attempt to score political points.

By forcing asylum-seekers to stay in Mexico while waiting for their court hearings–the so-called “Remain in Mexico” policy–“thousands of people who believed in the hope the United States has traditionally offered will be returned to Mexico’s most dangerous cities, without being asked about the serious risks they face while waiting. Make no mistake, people will likely die because of this policy,” the experts write.

On the decision to have Border Patrol agents start conducting “credible fear” (initial asylum screening) interviews, a duty currently reserved for trained asylum officers, they explain:

The only reason to shift the critical responsibility for these initial screenings from trained experts in asylum law to those with a law enforcement mission is to find agents willing to carry out the administration’s political will. The Border Patrol union endorsed Trump for president, and Trump has lavished praise on Border Patrol agents while vilifying the asylum system, recently calling asylum “a con job.”

According to Human Rights First, having border patrol agents conduct asylum screenings is like having a hospital security guard conduct triage of emergency room patients: something so absurd it would never be allowed to happen. Indeed, some Border Patrol agents have already “volunteered” for the duty, raising clear questions about their motives.

Ultimately, CLINIC writes: “For an administration that claims to believe in the rule of law, it has shown little interest in following domestic and international asylum law. If Border Patrol agents are willing to slam the door on asylum seekers, where asylum officers would not, the administration may win political points with its base. In the end, the United States loses, as our executive branch simply stops following laws it doesn’t like.”

Read the entire piece here.  

The Interfaith Immigration Coalition is made up of 52 national, faith-based organizations brought together across many theological traditions with a common call to seek just policies that lift up the God-given dignity of every individual. In partnership, we work to protect the rights, dignity, and safety of all refugees and migrants.

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