Daniel Delgado,
Acting Director, Border and Immigration Policy
Office of Strategy, Policy, and Plans
Department of Homeland Security
Lauren Alder Reid,
Assistant Director Office of Policy
Executive Office for Immigration Review
Department of Justice
March 27, 2023
Submitted via: https://www.regulations.gov
RE: Public comment on notice of proposed rulemaking on Circumvention of Lawful Pathways - RIN 1615-AC83 / USCIS Docket No. 2022-0016; RIN 1615-AC83 / A.G. Order No. 5605-2023
Dear Acting Director Delgado and Assistant Director Alder Reid,
The UndocuBlack Network submits this comment in response to the Administration's Notice of Proposed Rulemaking on Circumvention of Lawful Pathways (NPRM or proposed rule) published by the Department of Homeland Security (DHS) and Department of Justice (DOJ) in the Federal Register on February 23, 2023, to share our strong opposition. The proposed rule effectively bans asylum for most Black, Brown, Indigenous, and LGBTQ migrants at the Southern border.
The UndocuBlack Network is dedicated to advocating for the rights of all Black migrants. We believe that Black people have the right to not only survive but to live full lives and thrive. The right to seek asylum in the U.S. and live in a place that is safe, without the fear of deportation, should be a baseline provision of U.S. immigration policy. As such we are deeply concerned and have objections to the proposed rule. The NPRM is not only immoral, but illegal, and if implemented would violate U.S. domestic law as well as international conventions that the U.S. is a party to.
The Proposed Rule is Anti-Black
If implemented, this rule disproportionately denies Black migrants their right to asylum and protection in the United States while sealing the Biden administration's legacy of anti-Blackness. Many of these asylum seekers are fleeing imminent danger, persecution, violence, and death in their home countries. Migrants from majority Black countries in sub-Saharan Africa, and the Caribbean often make the harrowing journey to the U.S. Southern Border on foot. Due to visa interview backlogs, and high visa denial rates, people fleeing harm have no option but to flee their countries and traverse South and Central America to seek asylum in the U.S. This rule will have a disparate impact on vulnerable populations.
The inhumane treatment of Black migrants both in the interior of the U.S. and at the Southern border is well documented in multiple reports. In the current immigration enforcement system, Black immigrants are detained and deported at higher rates than their non-black counterparts. This proposed asylum ban only perpetuates the systemic harms of the U.S. immigration system with a pointed impact on Black asylum seekers who do not have the ability to arrive in the U.S. by plane.
If the proposed rule is implemented, it will likely employ the use of the CBP One app or a similar application. Current reports about CBP One indicate that the application is not intuitive or user-friendly. This new version of the previous Administration’s metering program provides limited appointment slots for asylum seekers. Additionally, the app does not come in the majority of languages spoken by Black immigrants. The app's failure to recognize darker-complected skin tones during the photo verification requirement provides more challenges for Black asylum seekers. Relying on CBP One as the only mechanism to seek asylum at the Southern border harms already disadvantaged Black migrants who do not have the luxury or resources to indefinitely wait in Mexico while attempting to schedule appointments. The purported exception for people who face technical difficulties accessing CBP One appointments are weak and exceptions only in name. By Placing the burden of proof on the asylum seekers who often have no access to legal counsel, without any guidance from the government, the rule once again sets migrants up for failure.
Conclusion
The lives of Black migrants have always been low-hanging fruit; ripe for the cruelty of the U.S. immigration system. Throughout their journey to seek refuge and safety in the United States, Black immigrants face anti-Blackness and discrimination. The salient nature of Anti-Blackness in Latin America, compounded with the lack of functional asylum systems in the countries that lead to the U.S. makes seeking protection anywhere but the U.S. nearly impossible. The Biden administration knows this, yet chooses to place the lives of asylum seekers in danger for political fodder. The UndocuBlack Network condemns this asylum ban and all policies aimed at blocking Black migrants’ international human right to seek safety in the United States.
Sincerely,
The UndocuBlack Network
