AIS Statement: Senate Funding Deal Would Gut Asylum Protections and Harm Immigrant Survivors
ais urges Senators to vote no and for the Administration to prioritize protective policies that ensure fair treatment
February 2024 - U.S. Senate negotiators have finally released the text of the “Emergency National Security Supplemental Appropriations Act, 2024,” emergency legislation that would enact harmful policy changes drastically limiting eligibility for asylum. Disastrously, it fails to adequately consider the vulnerabilities and unique challenges faced by immigrants fleeing gender-based violence. The proposed policies punish those most vulnerable and will serve only to create confusion and more chaos – a situation that abusers, traffickers, and cartels will exploit – with immigrant survivors of gender-based violence caught in the crosshairs.
We should not be negotiating away our values in the face of these challenges. This deal weakens our commitment to due process, the right to asylum, and our responsibility to honor the humanity of people fleeing violence and persecution.
The creation of a new border expulsion authority allowing for the rapid deportation of asylum seekers apprehended between ports of entry is deeply troubling. This provision risks pushing vulnerable individuals, including survivors of gender-based violence, back into unsafe and violent conditions. The lack of agreement with Mexico on accepting expelled individuals under this authority further exacerbates the potential for harm. These policies represent an unprecedented investment in detention and removal with a heightened emphasis on border enforcement without safeguards. This combination undermines the humanitarian principles needed to create just and fair U.S. immigration law and will only deter survivors from reporting their experiences, perpetuating a culture of silence, leaving them without necessary support, and letting those who would victimize them free to commit future crimes.
We are also deeply concerned by the imposition of a rapid review system and heightened standards for asylum seekers. These proposals completely undermine Congressional intent in establishing the credible fear standard as a low hurdle so that “there should be no danger that a person with a genuine asylum claim will be returned to persecution.” Credible Fear Interviews are incredibly difficult for survivors fleeing domestic violence and or sexual assault. Just imagine the challenge it would be to explain your trauma if you were detained, frightened, and without a lawyer. By raising the credible fear standard and eliminating certain review processes, the bill makes it more difficult for survivors of gender-based violence with valid claims to asylum to secure the protection they desperately need and are eligible for.
While the bill contains some provisions that may help certain immigrants in the short term, this border bill, in its current form, neglects crucial considerations and risks exacerbating the already difficult circumstances faced by vulnerable individuals seeking safety and refuge. The bad far outweighs the good and we urge Senators to vote no on this proposal and for the Administration to prioritize protective policies that ensure the well-being and fair treatment of all individuals, especially those fleeing gender-based violence.
Statements by AIS Co-Chair Organizations
“Asylum provides critical protection for survivors fleeing gender-based violence. Unfortunately, this legislation increases the barriers for survivors seeking that protection and will likely lead to increased trauma and victimization for those arriving in the United States. Although we welcome funding for resettlement, protections for Afghan arrivals, and increases in family and employment visas, this bill risks exacerbating the already difficult circumstances faced by vulnerable individuals seeking safety and refuge.”
- Grace Huang, Director of Policy, Asian Pacific Institute on Gender-Based Violence
“The provisions in this bill will slam the door on immigrant survivors of gender-based violence and trauma – including sexual assault and human trafficking – seeking asylum along our southern border. Survivors risk their lives trying to find safety and justice for themselves and their children in the U.S. when it is unattainable at home. We have a legal and moral obligation to maintain an asylum system that is fair and that centers the legal rights and humanity of those with valid claims of asylum. On balance this bill will hurt far more than it will help and we must reject policy proposals rooted in xenophobia and racism – many of which have been tried and have failed – and instead focus on funding the systems we rely on to support asylum seekers and refugees and expand access to legal pathways for immigration.”
- Casey Carter Swegman, Director Of Public Policy, Tahirih Justice Center
“This bill would harm immigrant survivors fleeing gender-based violence, subjecting them to additional trauma, hardship, and violence. The provisions authorizing rapid expulsion, expanded detention, and accelerated asylum processing with heightened standards and no meaningful review are unacceptable and far outweigh any potentially positive aspects of the bill. Survivors deserve safety, support, and protection while making their claims for much-needed immigration relief. This bill unfortunately fails to honor the struggle of immigrant survivors to seek a better life, free of violence.”
- Cristina Velez, Legal and Policy Director, ASISTA
“Immigrants arriving at the southern border, including Latin@ immigrants, are human beings and do not deserve to be labeled criminals or other ostracizing terms when they are seeking safety. The provisions in this bill will not address border safety. Furthermore, the bill fails to consider the life-threatening situations people are fleeing, like gender-based violence and war. On-the-ground policies should be framed through a trauma-informed lens and offer compassionate relief for those seeking life-saving refuge.”
- Vivian Huelgo, Acting CEO, Esperanza United