Immigration Equality Condemns Biden’s New Asylum Ban

New York, NY (May 10, 2023) — Today, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) released a new asylum ban that will deny many LGBTQ refugees, and others, access to safety in the United States. This new rule comes as the administration prepares to lift the Title 42 policy on May 11, which was used to summarily expel asylum seekers to Mexico or to their country of persecution without the opportunity to apply for asylum in the United States.

Rather than restoring the right to protection, this new ban erects additional barriers to relief, borrowing heavily from prior Trump administration asylum bans that were repeatedly struck down in the courts. Namely, the ban makes asylum presumptively unavailable for refugees if they do not: (1) first seek asylum in a transit country – countries that are notoriously dangerous for queer and trans people, or (2) wait in Mexico – where LGBTQ refugees are routinely brutalized – for an appointment with immigration officials through a notoriously inaccessible mobile app, or (3) access the U.S. through one of the very limited parole programs that are unavailable to refugees from most countries, and inaccessible to poor people.

Remarkably, this ban would apply to refugees regardless of the strength of their underlying claims. The move comes after over 50,000 public comments were made, the vast majority opposing the ban and urging the President not to move forward with this illegal rule. The asylum ban blatantly disregards warnings from the nation’s top LGBTQ organizations, that LGBTQ asylum seekers who have strong claims will be sent back to transit countries where they face the threat of violence or death.

In short, the ban will send LGBTQ refugees back to harm, and the Biden Administration knows it.

Immigration Equality’s Legal Director, Bridget Crawford, responded with strong condemnation of President Biden’s proposed rule.

“We are astonished by the administration’s callous disregard of the dangers President Biden’s asylum ban imposes on LGBTQ refugees. In the final rule — scheduled to go into effect once the Title 42 policy is lifted — the administration doesn’t meaningfully address or fix problems with the ban we identified in the notice and comment process. Instead, using circular logic, the administration dismisses our concerns, and doubles down on the illegal implementation of the ban. This ban is a travesty that will cause LGBTQ refugees (and others) with strong, meritorious asylum claims to be sent back to countries where they will be persecuted or killed. By implementing this ban, instead of humane solutions that would effectively and compassionately manage the border, President Biden has broken his promise to protect LGBTQ asylum seekers and refugees.”