The Biden administration proposed a new rule that would dramatically restrict access to asylum for people arriving at the U.S.-Mexico border. The rule — whose brief 30-day public comment window closed on March 27 — would offer access to asylum only to people who were granted prior permission to come to the United States, are able to make an appointment to present themselves at the border using an online app, or previously sought asylum in a country or countries through which they transited.

This rule violates U.S. and international laws and threatens to undermine asylum protections for generations to come. Instead of issuing illegal bans, the Biden administration should allocate resources and staffing to increase processing capacity at ports of entry and to strengthen communication and cooperation between groups, including nonprofit service providers and local governments, that are providing legal representation and respite services to asylum seekers.

The National Immigrant Justice Center (NIJC) submitted the following comments to the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Department of Justice Executive Office for Immigration Review, calling on the agencies to withdraw the rule in its entirety and ensure that a full and fair asylum system is made accessible to all those who seek refuge in the United States.

Read NIJC's comment (PDF)