Publications ArchivePublication Tag: Fair Immigration Laws
U.S. Asylum Deterrence Policies Increase Risk of Gender-Based Violence
A new report by Oxfam America and the Tahirih Justice Center documents how common it is for migrants seeking asylum to experience gender-based violence in Mexico while waiting to access the asylum process in the U.S. In Surviving Deterrence: How U.S. Asylum Deterrence Policies Normalize Gender-Based Violence, Oxfam America and Tahirih explain how U.S. asylum deterrence policies, such as border closures and expulsions, exacerbate conditions that cause gender-based violence to proliferate at the southern border. The report further asserts that survivors who do manage to apply for asylum face an inequitable and re-traumatizing process on a systemic level.
Tahirih Comments on Separation of Families
Tahirih filed a comment with U.S. Citizenship and Immigration Services on ways to minimize the separation of families who enter the United States. The comment notes that family separation amounts to torture and recommends that the administration abandon the misuse of Title 42, the Migrant Protection Protocols, and detention and deportation to separate families
Tahirih Comments on ICE Tip Form
Tahirih and the Immigrant Center for Women and Children filed comments with Immigration and Customs Enforcement concerning its proposal to continue using an anonymous “tip” form for suspected immigration violations. The comment notes that use of the form will, in many cases, both harm survivors of domestic violence and violate the confidentiality provisions of the Violence Against Women Act.
Letter to ICE on Order of Removal
Tahirih sent a letter to Immigration and Customs Enforcement concerning the methods of delivery that should be used for immigration court notices used as the basis for an in absentia order of removal. The letter stresses that ICE must account for the effects of trauma on people seeking asylum and coordinate its address lists with the Executive Office for Immigration Review.
Tahirih Denounces New Opinion on Matter of A-R-C-G-
Today, the U.S. Court of Appeals for the Fifth Circuit issued a new opinion that will prevent many immigrant survivors of horrific abuse from receiving protection in the United States. In a case called Matter of A-R-C-G, the Board of Immigration Appeals held that survivors of domestic violence could receive asylum as members of a particular social group protected by U.S. law. In 2018, Matter of A-R-C-G was pushed aside by a decision of then-Attorney General Jeff Sessions, claiming that domestic violence survivors are generally not entitled to asylum. Earlier this year, Matter of A-R-C-G- was reinstated by the Biden administration but the Fifth Circuit has now overruled that decision.
Tahirih Statement on Expansion of Expedited Removal
The U.S. Court of Appeals for the D.C. Circuit reversed a preliminary injunction that halted the expansion of expedited removal—a policy that will begin to quickly deport people all over the U.S. before they have had a chance to see a judge. The expansion of expedited removal was first announced in July 2019 but had been blocked since September 27, 2019.
You can see Tahirih’s comments in opposition to the rule here.
Tahirih Condemns New Proposed Regulations That Aim to End Asylum
Today, the administration proposed regulations that aim to overturn U.S. asylum law, making it effectively impossible for people fleeing persecution to obtain protection in the United States. If implemented, the rule would eliminate gender-based asylum—shutting the door to anyone fleeing life-threatening persecution due to their gender, while undoing decades of legal precedent. Women fleeing rape and severe domestic violence, LGBTQ+ individuals facing deadly attacks, and those escaping other fatal gender-based harms will no longer be allowed to seek safety within our borders if the regulations take effect.