An investigation by Human Rights First (HRF) has shed light on the effects of U.S. border and asylum policies on Black asylum seekers, finding substantial harm in current practices. The organization, dedicated to the defense of human rights within the U.S., published a fact sheet on Monday detailing these findings.
HRF analyzed the impact of a recently enacted asylum ban, which, while encouraging migrants to enter the U.S. through official channels, introduces a rebuttable presumption of asylum ineligibility for specific noncitizens. Essentially, this ban disqualifies asylum seekers based on their entry method into the U.S. and whether they applied for asylum in advance. This practice, HRF asserts, contradicts the principles of U.S. refugee law and is “irrelevant” to the asylum seekers’ experiences in their home countries.
The fact sheet highlights that Black asylum seekers are being left stranded in Mexico. According to HRF, they are particularly vulnerable to discrimination by the Mexican authorities and are excluded by the language limitations of the CBP One app used for making asylum appointments. This has reportedly led to “irregular crossings by African asylum seekers in need of protection”, creating a higher likelihood of unjust penalties under the asylum ban. Furthermore, the findings indicate that Haitian asylum seekers face longer waiting times and often have to rely on a limited, lottery-based system to make appointments. Consequently, access to basic human requirements, including housing, nutrition, and healthcare, is significantly restricted during this period.
Alongside their investigative report, HRF provided a series of recommendations to the Biden administration. These suggestions encompass strengthening migration pathways, upholding asylum law, enhancing humanitarian support, and implementing a fairer adjudication process. Additionally, they call for the end of Trump-era policies and the provision of case management services for asylum-seeking families.
HRF communicated their findings on social media, emphasizing that U.S. border policies disproportionally impact African asylum seekers by denying equal access at southwest border ports of entry and penalizing asylum seekers who cross between those ports to seek safety.