The International Rescue Committee (IRC) welcomes aspects of yesterday’s announcement by the Department of Homeland Security and the Department of State that expand safe, legal pathways to the U.S. and facilitate humane and orderly processes for asylum-seekers. But as the administration rightly prepares to end expulsions of asylum seekers under Title 42 on May 11, these laudable advances should not be paired with, and do not justify, policies that block or limit the legal right to apply for asylum.  

Expanding lawful pathways to the U.S. is an essential step toward a functioning regional refugee protection system. Increased commitments to resettlement from Latin America and the Caribbean are vital for people forced to flee violence and persecution particularly given the scale of protection needs in the region and meager recent arrivals. In FY 2022, the U.S. resettled less than 2,500 refugees from Latin America and the Caribbean despite a goal of 15,000. Innovations in resettlement processing must ensure the safety and meet the humanitarian needs of refugees awaiting decisions. It is essential that protection mechanisms are implemented throughout the region taking into account the needs of those most at risk of harm, including women, children, black, brown, and indigenous groups, and LGBTQIA+ people. Additional pathways for family reunification through parole are welcomed. However, limiting theseprograms to certain countries is not an equitable solution. 

Within the U.S., continued support for humanitarian reception in border communities and community-based case management as an alternative to immigration detention for adults and families is crucial to an orderly, humane, and fair asylum process. The administration should work with Congress to ensure these programs receive robust appropriations.

Other aspects of yesterday’s announcement are deeply concerning. The IRC continues to urge the administration to withdraw the proposed asylum ban that would limit the legal right for asylum-seekers to request protection in the U.S. Continued reliance on the often glitchy and inaccessible CBP One app to schedule asylum appointments at the southern U.S. border, even with expanded appointments, will leave the most vulnerable asylum-seekers in dangerous conditions and exacerbate existing systemic inequities. Conducting credible fear interviews of asylum seekers while in Border Patrol holding facilities at the border will deny asylum seekers due process as well as adequate access to legal counsel. Criminalizing the act of seeking asylum by punishing those who may be deemed to have entered unlawfully with a five-year ban on re-entry and potential criminal prosecution is inhumane, violates international refugee law, and could add to family separations.  

Hans Van de Weerd, Senior Vice President for Resettlement, Asylum, and Integration at the International Rescue Committee, said:

“The Biden Administration has made great strides in reasserting the U.S. role in humanitarian leadership and its role as a safe haven. We urge the administration to maintain this commitment, rescind the proposed asylum ban, and build back an asylum system in the U.S. that is safe, orderly, and humane. The IRC also calls on Congress to do its part to appropriate robust and accessible funding to enable dignified reception at the border, orderly case support services to ensure fair adjudications, and an efficient resolution to the multi-year backlog in asylum case processing.”