Washington, DC – On July 25, Judge Tigar blocked the Biden administration’s asylum regulation, finding it clearly unlawful. The asylum ban renders migrants who enter the United States between the ports of entry or who fail to seek protection in another country en route to the United States presumptively ineligible for asylum. The rule, published in the federal register with only a 30-day comment period, replaced the pandemic-era order known as Title 42.
Since the proposed rule’s announcement, faith groups have called on the administration to reverse course and instead implement humane, practical solutions. A joint comment campaign mobilized hundreds of comments against the rule on moral grounds from across faith traditions.
In response to yesterday’s opinion, faith organizations welcomed the court’s finding. Advocates continue to defend the right of anyone seeking protection to make that request, no matter where or how they enter the U.S., and to ensure that all have equal access to due process. We encourage the administration to take this opportunity to heed its moral and legal obligations and create a system that is prepared to welcome those seeking protection with dignity and respect.
“This ruling upholds decades of well-established humanitarian law, and in doing so, protects the legal rights of the most vulnerable families fleeing unthinkable violence and persecution,” said Krish O’Mara Vignarajah, President and CEO of Lutheran Immigration and Refugee Service. “Whether the barriers are bureaucratic or physically covered in razor wire, turning our backs on desperate people in dire need is shameful. We urge the Biden administration to abandon the failed policies of its predecessor and instead continue building safe, orderly pathways that protect vulnerable families and uphold our values as a nation of refuge.”
“We welcome this ruling, one which should not come as a surprise,” said Danilo Zak, Acting Director of Policy and Advocacy at Church World Service. “The Biden administration’s asylum ban drew directly from Trump-era restrictions that were also struck down time and again for violating the Refugee Act. In the just the just over two months that the ban has been in place, it has caused immeasurable harm to asylum seekers and their families. The law is extremely clear: Asylum seekers have the right to make their case for protection no matter where or how they enter the U.S. This ruling out of California represents an opportunity for the administration to put a stop to the harmful and immoral restrictions it has inflicted on those seeking safety, and turn towards more welcoming and effective solutions at the border.”
“We welcome the federal court’s decision to block the Biden Administration’s asylum rule which placed significant limitations on access to asylum,” said Joan Rosenhauer, President of Jesuit Refugee Service/USA. “Continued restrictions on asylum only put more lives in danger and fail to meet the needs of people seeking refuge. With this ruling, we encourage the Biden Administration to move forward with solutions that welcome asylum seekers and promote their rights, dignity, and overall well being.”
“Franciscan Action Network welcomes the court’s ruling which recognizes the human and legal right of people to apply for asylum in this country,” said Sister Marie Lucey, Associate Director of FAN. “We urge the Biden administration to honor this right and refrain from appealing the court’s decision. Instead, the administration must direct attention and resources to create safe, orderly, humane processes for vulnerable people to exercise their right to seek asylum. Act in accord with the moral values you proclaim, we say to the Biden administration. As people of faith, we Franciscans pray that you make right decisions.”
“We welcome today’s ruling that the Asylum Ban violates United States law,” said Ronnate Asirwatham, Director of Government Relations at NETWORK Lobby for Catholic Social Justice. “”In the two-and-a-half months that this ban has been in place it has caused irreparable harm to people seeking safety and also to our nation. We echo Pope Francis’ words to Congress: ‘Building a nation calls us to recognize that we must constantly relate to others, rejecting a mindset of hostility in order to adopt one of reciprocal subsidiarity, in a constant effort to do our best. I am confident that we can do this.’ And we call on the Biden administration to be courageous and not appeal this ruling.”
“The court has made the right decision here—there is no legal basis for the Biden administration’s asylum ban”, said Dylan Corbett, Executive Director of Hope Border Institute. “Effective management of the border does not need to come at the cost of the rights and dignity of asylum seekers and vulnerable migrants. Rather than continuing to defend the indefensible in the courts, the administration should take strong action now to fully restore asylum at the border.”
“We are pleased with the court’s decision. The administration should abandon the policy. The policy challenged here imposes “transit” and “entry” asylum bans which have repeatedly been struck down by courts as violations of both U.S. and international law. It had a pernicious impact on the very vulnerable, those fleeing violence and persecution and seeking shelter. Instead, we support a welcoming asylum system,” said Pablo DeJesús, Executive Director of Unitarian Universalists for Social Justice. “For Unitarian Universalists, our faith calls us to uphold the inherent worth and dignity of every person, seek justice, equity, and compassion in human relations and cherish the right of conscience and the use of the democratic process. That means we are called to treat asylum seekers with the maximum compassion and dignity possible. As a mighty and wealthy nation, as leaders of the free world, this is the metric by which history will judge the U.S. The teaching of welcome, compassion, and mutual care is foundational in our faith and should be foundational to our nation’s policy.”
“We are happy that Judge Tigar ruled against the Asylum ban. We urge the Biden administration not to appeal the ruling. In the last few weeks, the ban has been in effect, many migrants’ lives have been endangered,” said Susan Nchubiri, Program Associate at Maryknoll Office for Global Concerns.
“The court’s ruling in favor of access to protection for people fleeing violence is a sign of hope for families who have fled violence and are stranded here in Mexico,” said Joanna Williams, Executive Director of Kino Border Initiative, “Amidst the confusion and desperation of the journey, parents are making the best choices they can to provide safety to their children. Judge Tighar’s ruling reminds us that the very least the US government can do is provide full consideration of their legal claims.”
“Migration Accompaniment Ministries of Presbyterian Disaster Assistance is heartened by the court’s ruling this week to block the U.S. Government’s asylum transit ban,” says Susan Krehbiel, Associate for Migration Accompaniment Ministries at Presbyterian Church (USA). “ We continue to stand firm in the call for restoration of asylum rights in the U.S. The ability to present your asylum claim and explain your need for international protection should not be limited by your country of origin, language, race or ethnicity, or the route you take to get here. We urge President Biden to be proactive in establishing an asylum system that is humane, equitable and recognizes the inherent dignity of all human beings.”
“T’ruah welcomes the court’s ruling on President Biden’s asylum ban,” says Rabbi Jill Jacobs, CEO of T’ruah: The Rabbinic Call for Human Rights. “We will never stop fighting for the United States to fulfill its moral obligation to protect asylum seekers. Seeking asylum is a fundamental, protected human right. Xenophobic policies like this ban deny asylum seekers a dignified, just, transparent, and timely system to gain legal entry into the United States. The Torah teaches the obligation to extend love and care to people from outside our home society: ‘You shall love this person as yourself, for you were gerim [foreigners] in the land of Egypt.’ (Leviticus 19:34). The Biden administration must focus on strengthening systems to access asylum, rather than rejecting more people and sending them back to danger.”
“The Friends Committee on National Legislation celebrates this federal decision that recognizes our shared humanity and protects communities at risk,” said Anika Forrest, Legislative Director for Domestic Policy at the Friends Committee on National Legislation. “Over the last four years, we’ve witnessed countless assaults on the U.S. asylum system, from the Remain in Mexico policy and Title 42 to the Biden Administration’s asylum ban. U.S. political leaders have created impenetrable walls with their policies—policies that disproportionately placed Black migrants at risk of anti-Black violence and discrimination while waiting to seek asylum. And the message to all asylum seekers has been clear: your lives aren’t worth protecting. May this federal court decision signify the start of a new approach—one where the U.S. government honors the right to seek asylum.”
“This ruling not only recognizes the rights of migrants to seek asylum, according to long-standing U.S. and international law, but it is also an opportunity to stop the pattern of blocking vulnerable people from joining us” said Imani Cruz, Migration Policy Advocacy Coordinator with the American Friends Service Committee. “We urge the Biden administration to focus on the humanity of those migrating and to build a system that welcomes, not harms, our fellow humans.”
The Interfaith Immigration Coalition is made up of over 55 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. Follow us on Twitter @interfaithimm
###