The Honorable Members of the 118th Congress
U.S. House of Representatives
Washington, D.C.
January 12, 2023
Dear Honorable Members of the 118th Congress:
With the new year comes new opportunities for the U.S. government to establish a humane and orderly immigration policy that respects human rights. The newly elected majority in the House of Representatives, however, is moving in the opposite direction, rolling out an intentionally divisive legislative agenda that panders to hate and anti-immigrant animus rather than actual policy solutions. Among the first bills expected to go to the House floor is the “Border Safety and Security Act,” which would, as a practical matter, shut our border to all asylum seekers, no matter how strong their cases might be.
The undersigned organizations urge Members of the House of Representatives to vote no on the “Border Safety and Security Act” and on the full slate of anti-immigrant bills we expect to see introduced in coming months.
The “Border Safety and Security Act” would require a wholly unserious and harmful metric to be met before any asylum claim could be entertained, inevitably ending access to asylum at all U.S. borders, even for children. Specifically, the bill would seal off all borders and ports of entry to asylum seekers if Department of Homeland Security (DHS) agents cannot detain or return to Mexico all arriving asylum seekers and migrants. This condition is operationally impossible and a recipe for a human rights catastrophe. Moreover, the bill would give DHS broad discretion to ban all asylum access even if this inhumane and impossible condition were somehow achieved.
This bill represents an effort by the United States to evade its international asylum obligations, which impacts the global perception of the United States as a nation that protects those seeking refuge and its overall global leadership.
Requiring DHS to expel arriving migrants without any individualized screening for asylum or trafficking flouts long-standing international commitments to protect people fleeing political, religious, ethnic, racial, and other kinds of heinous persecution. These commitments are embodied in decades of bipartisan lawmaking that codifies the right to non-discriminatory access to asylum at the United States’ borders. The bill would put the United States in clear violation of its obligations under the Refugee Convention and the Convention Against Torture, and would effectively repeal the asylum provisions of the Refugee Act of 1980, the provisions relating to unaccompanied children in the Trafficking and Victims Protection Reauthorization Act of 2008, and DHS’s statutory parole authority.
This bill does not reflect popular sentiment, which overwhelmingly supports asylum access and opposes walling off the United States from those fleeing tyranny and violence. It would return refugees of all nationalities and ages, including children, directly to harm and death. It would require development of an even more massive infrastructure of incarceration for asylum seekers and revival of the deadly Remain-in-Mexico program. Though all those in need of refuge would be harmed, the bill would impose the greatest costs on Black, Brown and Indigenous asylum seekers, as is already the case at the border where Black migrants and asylum seekers endure disparate rates of abuse, detention, and violence.
This proposed legislation also gives the DHS Secretary the discretion to suspend all asylum access until “operational control” of the border is achieved, as defined in the Secure Fence Act of 2006 to mean “the prevention of all unlawful entries into the United States, including entries by … [migrants], narcotics, and other contraband.” Experts have dismissed this concept as “tremendously unrealistic.” It is also incompatible with liberal democracy; as the Migration Policy Institute has explained, “the only nations that have come close to such [absolute border] control were totalitarian, with leaders who had no qualms about imposing border control with shoot-to-kill orders.” Given the inhumanity and impracticability of this threshold condition, the bill’s purportedly temporary powers would in reality be permanent. Further, the bill’s “operational control” framework is at odds with the Border Patrol’s own strategy, which defines “operational control” not as a sealed border but as a measure of the ability to limit unauthorized crossings and “maintain situational awareness.”
The “Border Safety and Security Act” has nothing to do with safety or any kind of effort to address the real and complicated challenges posed by the worldwide increase in migration, and everything to do with an alarming uptick in hateful rhetoric and violence targeting asylum seekers and immigrants in the United States. We expect other bills will be sent to the House floor in coming weeks and months that similarly traffic in division, fear and hate rather than solutions, including bills like the anticipated NICS Alert Act that criminalize and target immigrants for harsh, punitive treatment.
We urge Members of Congress to reject the politics of fear and hate and vote no on the “Border Safety and Security Act” and all subsequent anti-immigrant legislative vehicles.
Sincerely,
National organizations:
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#WelcomeWithDignity |
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Adorers of the Blood of Christ, US Region |
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African Communities Together |
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African Human Rights Coalition |
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Alianza Americas |
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Alianza Nacional de Campesinas, Inc. |
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America’s Voice |
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American Federation of Teachers |
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American Friends Service Committee (AFSC) |
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American Immigration Council |
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American Immigration Lawyers Association |
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American-Arab Anti-Discrimination Committee (ADC) |
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Americans for Immigrant Justice |
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Asian Americans Advancing Justice | AAJC |
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Asian Pacific Institute on Gender-Based Violence |
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ASISTA Immigration Assistance |
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Asylum Seeker Advocacy Project (ASAP) |
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Bend the Arc: Jewish Action |
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Bethany Christian Services |
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Black Alliance for Just Immigration |
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Bridges Faith Initiative |
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Caminar Latino - Latinos United for Peace and Equity |
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Center for Constitutional Rights |
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Center for Gender & Refugee Studies |
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Center for Law and Social Policy (CLASP) |
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Center for Popular Democracy |
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Center for Victims of Torture |
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Church World Service |
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Civil Rights Education and Enforcement Center |
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Coalition on Human Needs |
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Communities United for Status & Protection (CUSP) |
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Community Change Action |
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Comunidad Maya Pixan Ixim |
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Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces |
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Congregation of St. Joseph |
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Detention Watch Network |
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Dominican Sisters of Peace |
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Esperanza United (formerly Casa de Esperanza: National Latin@ Network) |
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Faith in Public Life |
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FIRM Action |
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First Focus Campaign for Children |
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Forward Latino |
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Franciscan Action Network |
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Franciscan Sisters of Perpetual Adoration |
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Franciscan Sisters of the Sacred Heart |
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Freedom Network USA |
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Friends Committee on National Legislation |
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Futures Without Violence |
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Government Accountability Project |
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Grannies Respond / Abuelas Responden |
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Haitian Bridge Alliance |
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HIAS |
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Hispanic Federation |
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Holy Union Sisters US Province |
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Human Impact Partners (HIP) |
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Human Rights First |
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Human Rights Watch |
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Ignatian Solidarity Network |
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Immigrant Legal Resource Center |
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Immigration Equality Action Fund |
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Immigration Hub |
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Immigration Law and Justice Network |
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Indivisible |
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Intercommunity Peace & Justice Center |
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International Mayan League |
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International Refugee Assistance Project (IRAP) |
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Just Detention International |
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Justice Action Center |
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Justice in Motion |
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Latin American Working Group (LAWG) |
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Leadership Conference of Women Religious |
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The Leadership Conference on Civil and Human Rights |
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Loretto Community Latin America/Caribbean Committee |
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Lutheran Immigration and Refugee Service |
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Maryknoll Office for Global Concerns |
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Medical Mission Sisters - Justice Office |
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Mennonite Central Committee U.S. |
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MomsRising/MamásConPoder |
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MoveOn |
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MPower Change Action Fund |
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Muslim Advocates |
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National Advocacy Center of the Sisters of the Good Shepherd |
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National Council of Jewish Women |
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National Education Association |
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National Immigrant Justice Center |
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National Immigration Law Center |
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National Immigration Project |
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National Korean American Service and Education Consortium (NAKASEC) |
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National Latina Institute for Reproductive Justice |
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National Network to End Domestic Violence |
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National Partnership for New Americans |
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NETWORK Lobby for Catholic Social Justice |
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Northwest Coalition for Responsible Investment |
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Office of Peace, Justice, and Ecological Integrity, Sisters of Charity of Saint Elizabeth |
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Oxfam America |
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Paxchristi |
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Physicians for Human Rights |
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Presentation Sisters USA Unit |
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Quixote Center |
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Rainbow Railroad |
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Refugee Congress |
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Religious of Jesus and Mary - USA/Haiti Province |
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Save the Children |
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Service Employees International Union (SEIU) |
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Sisters of Bon Secours, USA |
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Sisters of Mercy of the Americas Justice Team |
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Sisters of Mercy of the Holy Cross |
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Sisters of Notre Dame de Namur USA |
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Sisters of Notre Dame of the United States |
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Sisters of St. Francis of Assisi |
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Sisters of the Divine Savior, North American Province |
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Sisters of the Holy Names of Jesus and Mary, U.S.-Ontario Province |
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Society of Helpers |
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Southeast Asia Resource Action Center |
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Southern Border Communities Coalition |
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Sunita Jain Anti-Trafficking Initiative |
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T’ruah |
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U.S. Committee for Refugees and Immigrants (USCRI) |
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U.S. Federation of the Sisters of St. Joseph |
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UNIFIED U.S. Deported Veterans Resource Center |
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Union for Reform Judaism |
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Unitarian Universalist Service Committee |
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ValorUS |
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Vera Institute of Justice |
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Voice for Refuge Action Fund |
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Washington Office on Latin America |
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We Are All America |
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Welcoming America |
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Witness at the Border |
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Women’s Refugee Commission |
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Young Center for Immigrant Children’s Rights |
Regional / state / local organizations:
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A New Genesis Community |
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Adorers of the Blood of Christ in Ministry with Hospital Sisters of St. Francis |
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The Advocates for Human Rights |
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Alianza Sacramento |
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Americans for Immigrant Justice |
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Arizona Palestine Solidarity Alliance |
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The Border Network for Human Rights |
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California Immigrant Policy Center |
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California Immigrant Youth Justice Alliance |
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Capital Area Immigrants’ Rights Coalition |
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Center for Justice & Reconciliation, Point Loma Nazarene University |
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Central American Resource Center - CARECEN-LA |
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Central American Resource Center of Northern California - CARECEN SF |
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Centro de Trabajadores Unidos: United Workers Center |
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Church Women United in New York State |
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Cleveland Jobs with Justice |
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Coalición de Derechos Humanos |
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Coalition for Humane Immigrant Rights (CHIRLA) |
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Coalition of Refugee Service Agencies, Georgia |
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Community Asylum Seekers Project |
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Comunidad de Apoyo San Diego |
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CSA San Diego County Fair Housing |
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Dominican Sister of Adrian, MI |
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Dominican Sisters of Mission San Jose |
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Dominican Sisters of Sinsinawa |
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Dominicans Sisters of Mission San Jose |
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Dorothy Day Catholic Worker House, Washington DC |
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Dutchess County Progressive Action Alliance |
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Envision Freedom Fund |
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Espacio Migrante |
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Faithful Friends /Amigos Fieles |
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Florence Immigrant & Refugee Rights Project |
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Florida Immigrant Coalition |
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GALEO Impact Fund |
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The Green Valley / Sahuarita Samaritans |
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Her Justice, Inc. |
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Human Rights Initiative of North Texas |
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Humane Borders, Inc. |
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ICOM - Interfaith Coalition on Immigration (MN) |
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Illinois Coalition for Immigrant and Refugee Rights |
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Immigrant ARC |
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Immigrant Defenders Law Center |
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Immigrant Law Center of Minnesota |
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Immigrant Legal Advocacy Project |
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Immigrant Welcoming Working Group, Plymouth Congregational Church, Minneapolis |
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Immigration Center for Women and Children |
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Inland Coalition for Immigrant Justice |
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Inland Empire Immigrant Youth Collective |
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Interfaith Movement for Human Integrity |
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Interfaith Welcome Coalition - San Antonio |
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Iowa Migrant Movement for Justice |
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JAMAAT - Jews and Muslims and Allies Acting Together |
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Jewish Activists for Immigration Justice of Western Massachusetts |
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Jewish Family Service of San Diego |
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JPIC Committee, Sisters of IHM (Scranton, PA) |
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Justice for Our Neighbors El Paso |
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Justice for Our Neighbors Michigan |
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Justice For Our Neighbors North Central Texas |
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Keep Tucson Together & The Justice For All Initiative Campaign |
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La Conexion |
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Ladysmith Servite Sisters |
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Las Americas Immigrant Advocacy Center |
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Legal Aid Justice Center |
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Long Beach Immigrant Rights Coalition |
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Louisiana Advocates for Immigrants in Detention |
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Make the Road Connecticut |
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Make the Road Nevada |
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Make the Road New York |
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Make the Road New Jersey |
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Make the Road Pennsylvania |
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Mariposa Legal, Program of COMMON Foundation |
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Minnesota Freedom Fund |
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Minnesota Interfaith Coalition on Immigration |
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NC Justice Center |
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Nebraska Appleseed |
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New York Immigration Coalition |
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NorCal Resist |
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Northwest Immigrant Rights Project |
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NW Ohio Immigrant Rights Network |
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Oasis Legal Services |
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OC Rapid Response Network |
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Orange County Equality Coalition |
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Orange County Jewish Coalition for Refugees |
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Pangea Legal Services |
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Presentation Sisters San Francisco, CA |
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Proctor Family |
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Project Hope |
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RAICES |
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Reunite Migrant Families |
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Rocky Mountain Immigrant Advocacy Network |
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Rural Organizing Project |
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San Diego Immigrant Rights Consortium |
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Sanctuary and Resistance to Injustice |
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School Sisters of Notre Dame-Atlantic-Midwest Province |
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School Sisters of Notre Dame, Central Pacific Province |
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Serra Club, City of Orange |
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Sisters of Charity of Seton Hill |
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Sisters of Saint Joseph of Chestnut Hill Philadelphia, PA |
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Sisters of St, Joseph of Carondelet Albany Province |
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Sisters of St. Francis, Clinton, Iowa |
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Sisters of St. Joseph of Boston |
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Sisters of St. Joseph of Carondelet, LA |
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Sisters of St. Joseph of Concordia, KS |
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Sisters of St. Joseph of Orange |
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Sisters of St. Joseph of Rochester |
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Sisters of St. Joseph of Springfield |
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Sisters of St. Joseph, Watertown, NY |
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Sisters of the Humility of Mary |
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Sisters, Home Visitors of Mary |
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Sisters, Servants of IHM (Scranton, PA) |
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South Bay People Power |
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Southern California Immigration Project |
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Springfield Dominican Justice, Peace, & Integrity of Creation Committee |
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St. Edward the Confessor Catholic Church |
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Tennessee Immigrant & Refugee Rights Coalition |
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Texas Civil Rights Project |
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Tucson Samaritans |
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Universidad Popular |
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Ursuline Sisters of Cleveland |
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WAVE Women for American Values and Ethics |
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Westchester Jewish Coalition for Immigration |
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Wind of the Spirit Immigrant Resource Center |
