On March 24, 2023, APA Services responded to a Department of Homeland Security and Department of Justice request for comments on a proposed rule to issue an asylum ban for immigrantsopens in new window. Overall, the association’s comments (PDF, 354KB)opens in new window expressed deep concern for this proposed rule.
The comments emphasized that by limiting the comment period to only 30 days, the Biden administration is denying the public the right to meaningfully participate and pointed out that agencies generally allow at least 60 days for the public to comment on a proposed rule.
The association also noted that the proposed rule bans immigrants from asylum protection based on their manner of entry into the United States. Therefore, the rule has a disparate impact on immigrants from Latin America as it would apply only to those entering the United States from the southern border, who are primarily people of color.
Additionally, the comments pointed to the myriad problems with the CBP One app, the government tool used to request an appointment at ports of entry. For example, the CBP One app only offers fact sheets in limited languages, making crucial resources inaccessible for many people seeking asylum. It is also inaccessible to many immigrants, who may not be able to afford a smartphone or know how to use one. The app treats asylum seekers in the same way it treats airline passengers who need agricultural products inspected upon arrival from foreign countries, but asylum seekers have a more urgent need for appointments. In addition, several parts of the app aren’t working, which could lead to increased confusion and longer wait times for asylum seekers.
Finally, the comments pointed out that families that are unable to secure an appointment as a unit will have to make the choice of whether to send their children across the border without their parents. This follows previous efforts by APA Services to advocate for asylum seekers and protect children and families at the southern border.
For more information, contact Serena Dávila.