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center for gender refugee studies
Rights Advocates Frustrated Over Harris' Messaging on Migrants
"Banning asylum and punishing people seeking safety only causes more chaos and dysfunction at the border, and more refugee deaths," said one advocacy center.
Sep 29, 2024
While fearful of what a second Trump administration would mean for immigrants, rights advocates this weekend sounded the alarm over messaging on the southern border from Vice President Kamala Harris, the Democratic presidential nominee.
The vice president traveled to Douglas, Arizona on Friday for her first campaign trip to the U.S.-Mexcio border. There, she met with Border Patrol agents—she was photographed walking with them next to a barbed-wire-covered wall—and delivered what The New York Timescalled "one of her party's toughest speeches on immigration and border policy in a generation."
After Harris' address, the Center for Gender & Refugee Studies (CGRS)
expressed agreement with her that "we need to build a fair, orderly, and humane immigration system," while also warning that her "proposed border policies would do the opposite."
"Banning asylum and punishing people seeking safety only causes more chaos and dysfunction at the border, and more refugee deaths," CGRS said. "We want real solutions to the humanitarian challenges at our border, too. But these policies of cruelty and exclusion fail us, every single time."
CGRS urged Harris to embrace the #WelcomeWithDignity Campaign's policy
solutions: restore access to asylum at the border; support existing systems and launch new ones to receive and integrate people seeking safety; create a more effective and timely immigration system; and strengthen refugee resettlement programs and other pathways to the United States.
During the speech and on social media, Harris emphasized combating drugs. She said: "As attorney general of California, I prosecuted transnational criminal organizations that trafficked guns, drugs, and human beings. I know the importance of safety and security, especially at our border. Today, I visited the U.S.-Mexico border and spoke with Customs and Border Protection officials about our progress to secure our border and disrupt the flow of illegal fentanyl into our nation."
She also took aim at her GOP opponent, former President Donald Trump, for his infamous family separation policy and for killing a bipartisan border bill. While the Republican attacked the legislation so he could campaign on immigration and promise mass deportations, progressives in Congress and rights advocates opposed its "extreme and unworkable enforcement-only policies."
The Democratic nominee also vowed to strengthen asylum restrictions that President Joe Biden imposed in June, which are being challenged in court by critics including the ACLU. The administration's policy change has been followed by a drop in border numbers but also "rampant rights violations," according to migrant rights groups.
Pushing back against Harris' framing that asylum-seekers simply need to go to legal entry points rather than crossing the border unlawfully, Christina Asencio, a research director at Human Rights First, explained on Friday that the border bill would do what the June asylum ban has already done: suspend processing at ports of entry unless people obtain an appointment.
"Human Rights First has documented the life-threatening harm families with children and adults face in Mexico while forced to wait up to nine months for an appointment [through] an app that's only available in three languages," she added. "This is not a solution."
In a social media thread highlighting reports of agents "removing asylum-seekers who explicitly communicated their fear of return in violation of refugee law" since the introduction of Biden's ban, Robyn Barnard, an attorney with the group, said:
Human Rights First and others have interviewed asylum-seekers who expressly requested asylum, relayed their past persecution, explained their asylum claims, showed agents their injuries, had anxiety attacks, sobbed, and begged to be heard, but were ignored.
Other families recounted that not only were they not asked whether they had a fear of return or why they came to the United States, they were not even allowed to speak.
Harris' pledge to toughen the June policy followed Thursday reporting by CBS News that the Biden-Harris administration "is planning to soon issue a regulation to cement the sweeping asylum restrictions it enacted at the southern border" earlier this year.
In response to the reporting, the immigrant youth-led group United We Dream (UWD)
declared, "There's no other way to say this: Turning your backs on people seeking asylum is WRONG and it keeps us stuck in the past with failed policies."
"Communities nationwide agree that our immigration system must be humane, efficient, and fair above all else. Those seeking safety deserve respect and dignity," UWD said. "Our message to the Biden-Harris administration remains clear: We will organize—now and in the future—against any attempts to gut asylum and put our people's lives on the line."
UWD also pointed to a September 4 letter in which it led over 80 groups in warning Biden and Harris that the bipartisan Border Act of 2024 "would cause irreparable harm to our asylum system, our standing on the global stage, and most importantly, it would cause countless deaths at our borders and in other countries."
While many immigrant rights advocates are frustrated with both Biden and Harris, multiple groups continue to support her candidacy—given that the alternative is Trump—and even some critics praised certain parts of her Friday remarks.
"It was good to hear [Harris] recognize the need for more asylum officers and immigration judges, which are a must to tackle asylum backlogs and enable timely asylum decisions," said Eleanor Acer, director of Human Rights First's refugee protection program. "Real solutions like these are needed, NOT bans and bills that cut due process and deny access to asylum."
Immigrant rights advocate Erika Andiola, "who has lived through some of the most traumatic experiences because of our broken immigration system," said that "I was so glad to hear her talk about our undocumented community and a promise to fight for a path to citizenship."
"I'm so glad to see Harris pushing back on Trump's scapegoating of immigrants," she continued. "I wish she would have also talked about his plan for mass deportations and the consequences that could have. Consequences not only for our immigrant community, but also for millions of mixed-status families and our economy overall."
The advocate also expressed sadness over her "promise to criminalize reentries" and urged Harris to "move away from starting the conversation on this issue speaking about drugs and criminal activity at the border," stressing that "yes, those are important issues for voters, but conflating security with human migration just creates more fear in the public about our people."
"We must change the narrative about our immigrant community," she argued. "We must show the humanity, tell the stories, and detangle the problems we as immigrants face from the need of the American people to feel safe. Immigrants, we are part of the fabric of this country. We are your neighbors, classmates, and coworkers. That's where the conversation should start."
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In Victory for Migrant Rights, US Court Blocks 'Cruel' Biden Asylum Restrictions
"The administration now faces a choice: Follow the law, or try to block the ruling from taking effect in 14 days, leaving people seeking safety in grave danger," said the ACLU.
Jul 25, 2023
Immigrant rights advocates on Tuesday applauded a ruling handed down by a U.S. district judge blocking the Biden administration's anti-asylum rule, which places restrictions on migrants who aim to exercise their internationally recognized right to seek asylum at the southern U.S. border.
Judge Jon S. Tigar, an Obama appointee who serves in the U.S. District Court of the Northern District of California, ruled that the new policy is unlawful, as he did when former Republican President Donald Trump imposed similar restrictions.
The measure, which was introduced in May and immediately prompted the ACLU and other legal groups to file a lawsuit on behalf of several rights organizations, requires migrants to prove that they previously sought protections in a third country before applying for asylum in the United States. The Biden administration has said migrants who want to seek asylum should schedule an appointment using an app that connects them to Customs and Border Protection instead of attempting to cross the border.
"To justify limiting eligibility for asylum based on the expansion of other means of entry or protection is to consider factors Congress did not intend to affect such eligibility," wrote Tigar in his ruling.
Melissa Crow, director of litigation at the Center for Gender & Refugee Studies, which joined the ACLU in representing the plaintiffs, said the policy "violates our laws and makes a mockery of our asylum system."
"The court got it right," Crow said. "We urge the administration to stop defending this illegal policy, and instead take immediate steps to establish a fair and humane process that upholds the rights of all people seeking refuge at our nation's doorstep."
Crow noted that the Biden administration recently admitted that "under the ban, people with meritorious legal claims can be barred from asylum and deported to countries where they face grave harm."
"To them, that is an acceptable price to pay for the illusion of border management," she said. "But they are breaking the law, sowing chaos, and putting vulnerable people in harm's way."
Tigar granted the Biden administration's request for a 14-day stay of the ruling, giving officials time to appeal the decision. The White House is expected to appeal to the U.S. 9th Circuit Court of Appeals and, if the appeals court also strikes down the policy, to the U.S. Supreme Court.
"The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger," said Katrina Eiland, deputy director of the ACLU's Immigrants' Rights Project. "The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it."
In the lawsuit, the ACLU and other groups representing the plaintiffs wrote that President Joe Biden "doubled down on [his] predecessor's cruel asylum restrictions" despite having campaigned on "a promise to restore our asylum system."
"The agencies claim the rule merely provides consequences for asylum-seekers circumventing lawful pathways," reads the lawsuit. "But seeking asylum is a lawful pathway protected by our laws regardless of how one enters the country."
Vanessa Cárdenas, executive director of America's Voice, welcomed the ruling and its "strong message to the Biden administration that it must adhere to the law."
But she emphasized that even if Tigar's decision is upheld on appeal, "it does not fix the broken asylum system."
"Only Congress can fully fix the broken asylum and immigration system, giving people the option of coming with visas for family or work and legalizing those who already work here," said Cárdenas. "Congress must deliver the modernization we need."
"In the meantime," she added, "we call on the administration to use the tools it has, including dedicating more resources to the border to address asylum backlogs, while using parole programs, [Temporary Protected Status], and the refugee admissions process to stabilize the system and provide additional pathways for those in need of protection."
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