Chicago, IL — Today, a federal court in California blocked the Biden administration’s asylum rule adopted in response to the end of Title 42 in May 2023. Alianza Americas, a multiethnic and multiracial network of 57 grassroots organizations in 18 states and Washington D.C. fighting for just and equitable migration policies, welcomes this ruling and urges the Biden administration to desist from implementing an asylum processing system that denies the human right to seek asylum and disproportionately impacts the most vulnerable.

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“It is a profoundly inhumane rule that demands individuals and families abide by immigration systems in countries of Central America and Mexico that operate in a lawless manner and then requires them to obtain an appointment via a smartphone application to enter the U.S. and seek humanitarian protection. The asylum rule fails individuals who do not have economic resources, who don’t have a smartphone, and who do not speak Spanish, English, or Creole. The most impacted are indigenous persons, persons living in poverty, those who were victims of crimes en route to the U.S.: those with the greatest fear who can not afford to wait at the other side of the border.” said Oscar Chacón, executive director for Alianza Americas.

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We have observed during the last months that the asylum rule represents a significant setback and an abuse of the legal system to continue denying protection to individuals and families who take the dangerous and challenging route through the Central American – Mexico corridor to reach the U.S. and seek humanitarian protection. Asylum is a human right, an international commitment the United States made to the international community and established in its legislation. The asylum rule denies protection and adds requirements such as seeking protection in a country en route to the U.S. or crossing through countries of the region with travel authorization. Individuals and families fleeing persecution cannot plan an orderly and organized flight to the U.S. that requires, among other things, the use of technology available only in some languages. They also encounter bureaucracy and corruption that do not enable them to enter countries in an authorized manner.

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“These measures are geared towards limiting and stopping the entry of poor and vulnerable people into the U.S. The U.S. government is forcing them to seek protection in another country before the U.S.,” said Oscar Chacón, executive director of Alianza Americas. “The asylum rule accepts and enforces the long-standing narrative that successfully created the erroneous and cruel perception that Latin American and Caribbean migrants are undesirable individuals. As a result, they are perceived as a burden to our nation. Nothing can be farther from the truth, as these immigrants have proved to be a true economic and social blessing for the United States.”

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Rather than creating a system to deny asylum and relying on other countries to deter the arrival of persons to the U.S., resources and efforts should be concentrated on revamping the asylum system so that it responds to the current factors that push individuals and families out of their countries, on establishing greater capacity, and on working on the integration of asylum seekers from day one of arrival, including granting them work authorization. Addressing the root causes of forced international displacement should also be a priority for the U.S. Foreign investment commitments are insufficient to maintain people in their countries when the justice systems are not working, when democracy is threatened, when criminal organizations control significant portions of the territory, and when there are no plans and policies in place to address climate change and guarantee food security to the population.

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Alianza Americas is the premier transnational advocacy network of Latin American migrant-led organizations working in the United States, across the Americas, and globally to create an inclusive, equitable and sustainable way of life for communities across North, Central and South America.