Public Comment: Oppose EOIR rule blocking asylum - Deadline July 15th
From our friends at the Center for Gender and Refugee Studies: On June 15, under cover of the scandals and tragedies going on right now, the Trump Administration has issued a new rule that would rewrite the United States’ asylum laws and completely gut protections for immigrant women and others fleeing life-threatening persecution. If this rule is in place, it will be nearly impossible for people fleeing domestic violence, gang violence or extremely dangerous conditions to get asylum in America.
The Executive Office for Immigration Review (EOIR) is accepting public comment on this policy through July 15th. We need you to comment opposing the policy NOW!
You can find more detailed background on the proposed rule here, along with actions you can take to fight back against it.
Please comment directly on the proposed change by July 15th with your own original comment in your own words. Well-informed, original public comment can help stop bad policy—the administration must address every point made, and arguments made and facts cited in public comments can be cited in court briefs. Public comment works—let’s keep doing it!
Talking Points
Note: we won’t offer a script for this, because public comments work best when they are unique. Use the talking points below to craft your statement. We used the talking points from New Sanctuary Coalition.
The most important thing you need to do is:
- Say who you are.
- Explain why you think these new asylum rules are bad, in your own words, no legalese necessary.
- Say why it is important to you.
If you have experience in an issue area, say so. If you are a subject matter expert and want to offer comments on your area of expertise, explain why you are qualified to offer this perspective. Feel free to explain your educational and professional background, or attach a copy of your CV to your comment, but this is not necessary, so don’t let it stop you from writing from your heart. The same holds true for faith leaders, and for those of you who are called to work with immigrants by your faith. Feel free to talk about your faith in your comment.
The Proposed Rule Would Deprive Asylum Seekers of Their Day in Court. Immigration judges will be able to deny asylum without a court hearing, and base their decision on information taken by an asylum officer at the border.
The Proposed Rule would eliminate gender based asylum - shutting the door to anyone fleeing life-threatening persecution due to their gender, while undoing decades of legal precedent. Women fleeing rape and severe domestic violence, LGBTQ+ individuals facing deadly attacks, and those escaping other fatal gender-based harms in their home countries would no longer be able to find safety in the U.S. if the regulations take effect.
If asylum seekers passed through at least two countries prior to arriving in the United States or stayed in another country for at least 14 days prior to arriving in the United States.
The Proposed Rule Seeks to deny asylum to anyone who fails to file taxes or is late to file.
Being unlawfully present in the United States for at least one year or waiting more than one year after an asylum seeker’s arrival in the U.S. to file an asylum application.
The new regulations change how the United Nations Convention Against Torture is interpreted.
It significantly restricts asylum for victims of political persecution if it involves a nongovernment organization or a terrorist organization.
The Proposed Rule Redefines Political Opinion. There is no reasonable basis to limit the definition of politician opinion and exclude the possibility that applicants’ expression of opposition to terrorist or gang organizations can qualify as a political opinion. This restriction utterly fails to recognize that many asylum seekers flee their homelands precisely because the government of their country is unable or unwilling to control non-state actors such as international criminal organizations.
It raises the bar for passing the initial screening interview for Credible Fear of persecution or torture in the individual’s native country.
The Proposed Rule Will Make it Virtually Impossible to Succeed on a Particular Social Group Claim. Applicants for asylum and withholding of removal have to demonstrate that the persecution they fear is on account of a protected characteristic: race, religion, nationality, membership in a particular social group (PSG), or political opinion. These regulations would essentially make it impossible for asylum seekers, especially those from Central America and Mexico, to win protection based on particular social group membership.
Please include that the 30-day review period is too short, and request a 60-day time period for this, the norm for comments. We are not immigration lawyers, and it’s impossible for us to be able to understand all of the changes and the impact that these changes will have on asylum seekers, and on the asylum process. Plus we are still living in a pandemic, which adds another layer of complication to the review process.