Biden-Harris' toothless asylum rules too strict, UN agency says

The Office of the United Nations High Commissioner for Refugees, a UN agency, released a statement on Monday criticizing the Biden-Harris administration's decision to extend its so-called asylum restrictions, which the agency claimed "severely curtails access to protection for people fleeing conflict, persecution, and violence, putting many refugees and asylum seekers in grave danger without a viable option for seeking safety."

The agency expressed "profound concern," arguing that "every person seeking asylum must be granted access to safety and afforded the opportunity to have their claims individually and fairly assessed before deportation or removal."

'We have not cut off our asylum system.'

In June, President Joe Biden signed Proclamation 10773, 89 FR 48487 - Securing the Border, an executive order that claimed to give the federal government the authority to shut down the southern border when the number of immigrant encounters reached 2,500 per day for seven consecutive days. The restriction could be lifted if the average number fell to 1,500 per day for a week.

However, it carved out numerous exceptions, including for unaccompanied minors; individuals from countries that do not take back deportees; and individuals experiencing medical emergencies, a "severe form" of trafficking, or those with a "credible fear." Additionally, the so-called shutdown does not impact foreign nationals who schedule an appointment to claim asylum at a port of entry through the Customs and Border Protection's CBP One app.

The administration recently extended these actions and added that the average number of encounters must drop below 1,500 per day for 28 days before being lifted. Additionally, as part of the recent extension, the administration announced that it is now counting all children in that total. Previously, only children from Mexico were counted.

Despite the administration's toothless restriction potentially impacting only foreign nationals who attempt to illegally cross the border between designated ports of entry, the UNHCR claims the rules are too strict and may even violate international law.

"Limiting or blocking such access is a violation of international refugee law and the humanitarian principles to which the United States has long been a leader," the agency's statement read.

"UNHCR remains committed to collaborating with the U.S. in support of much needed reforms to enhance the fairness, efficiency, and capacity of its asylum and border management systems," it continued. "The United States has a long history of offering refuge and it is crucial that it continues to uphold its legacy as a beacon of protection for those in need. That is why UNHCR continues to call on the U.S. to reconsider these measures and ensure that no person seeking protection is unjustly turned away or put at risk of harm."

The American Immigration Lawyers Association similarly claimed that the administration's new rule is effectively an asylum ban, the Associated Press reported.

Kelli Stump, the AILA's president, stated, "It is imperative that our nation have safe, orderly, and efficient processes at the border that also ensure fair and humane treatment of asylum seekers. The consequences of denying asylum to someone who is being persecuted can literally be a matter of life or death."

Secretary of Homeland Security Alejandro Mayorkas rejected those claims, pointing to the restriction's built-in exceptions, according to the AP.

"We have not cut off our asylum system," Mayorkas remarked.

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