(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Biden to revive cruel Trump-era practice of denying asylum despite previous criticism of policy [1] ['Daily Kos Staff', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags'] Date: 2023-03-29 The Biden administration's proposed rule creates a presumption of ineligibility for asylum protection based on how someone arrives and enters the U.S., factors that are irrelevant and have no basis in U.S. law. It also requires the use of CBPOne, an extremely flawed digital tool, to request an appointment at a port of entry that is inaccessible to many asylum seekers due to financial, language, technological, and other barriers. In a letter to Homeland Security and Customs and Border Protection, Sen. Cory Booker listed myriad issues with the app: Even if the CBP One app was as efficient, user friendly, fair, and inclusive as possible – which I hope one day it will be – it would still be inherently discriminatory. To use the app, a person must have a working cell phone, a reliable internet connection, and must have adequate resources and be in good enough health to safely stay in a single location either near the southern border or in their country of origin. This situation is not the reality for asylum seekers whose lives are threatened in their home country or in northern Mexico. It is not a reality for pregnant women, who do not qualify for a humanitarian exception to the CBP One appointment process. And it is not a reality for asylum seekers who travel to our border or stay in their country of origin but do not have phone or internet access, or are unable to use a cell phone. Booker isn't alone in his concerns. Democratic Sens. Bob Menendez of New Jersey and Alex Padilla of California, along with 10 of their Senate colleagues, submitted a public comment calling on the Biden administration to withdraw the proposed rule. “Although we support the administration’s goal of managing migration at the U.S.-Mexico border by creating new efficiencies in the asylum system, this rule violates our legal obligations to protect refugees fleeing persecution and usurps Congressional authority by adding unlawful bars to asylum eligibility.” As the senators, human rights advocates, faith-based organizations, and many others note, the proposed rule is a revised version of asylum bans put in place during the prior administration—bans that were repeatedly struck down by federal courts. The Ninth Circuit Court of Appeals ruled that Trump's transit ban violated U.S. asylum laws which prohibit rejecting asylum seekers unless they have “firmly resettled” in a transit country, particularly if conditions in the transit country are not safe. Advocates also note that Biden’s proposal provides rights to people arriving by plane and withholds them for people arriving on foot. "We all know very well that these types of restrictions are systematically designed to favor wealthy and white immigrants, and leave Black and Brown immigrants out of the asylum process,” Gustavo Torres, executive director of CASA, said. “Our families deserve dignity and respect.” While the administration has made meaningful movement on granting humanitarian parole policies for Cuba, Haiti, Nicaragua, and Venezuela, allies emphasize that these parole policies cannot displace existing asylum laws. Additionally, the financial resource requirements mean that the most vulnerable people seeking asylum will not reap the benefits of the parole programs. Asylum is a legal right, but it is also a basic human right, founded on the right to human dignity. The existence of a GOP-themed asylum ban falters in the face of democratic values and results in more agency for ICE and CBP. Both groups have a known history of abusing people seeking asylum and of separating families. The proposed rule is illegal, inhumane, and discriminatory. Just like Trump's bans, Biden's ban will inflict enormous damage including deportation of refugees facing harm, separation of families, and prolonged detention. There are better ways to adequately address migration to our southern border without violating international and domestic asylum law. Democratic lawmakers stand ready to work with the Biden administration to ensure a safe, humane, and orderly border that upholds the right to asylum—and we call on the Biden administration to do just that. Sign the petition to President Biden: Don’t willfully repeat Trump’s immigration mistakes [END] --- [1] Url: https://www.dailykos.com/stories/2023/3/29/2160725/-Biden-to-revive-cruel-Trump-era-practice-of-denying-asylum-despite-previous-criticism-of-policy Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/