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IRAP Urges DHS to Rescind Proposed Rule Applying Mandatory Asylum Bars at Initial Border Fear Screenings, Compounding Rights Violations

On June 12, 2024, IRAP submitted a public comment strongly opposing the DHS proposed rule, Application of Certain Mandatory Bars in Fear Screenings, published on May 13, 2024. Applying mandatory bars to asylum at the credible and reasonable fear stage – when they are meant to be applied extremely judiciously at the very end of an asylum case – would jeopardize the United States’ compliance with international and domestic legal obligations not to return people to persecution. IRAP argues that the proposed rule would violate Congressional intent, would increase inefficiencies, would lengthen detention and decision times, and would heighten risks of family separation. IRAP highlights direct client experiences and underscores the impact of the proposed rule on organizations like IRAP. DHS’s proposed rule on applying these mandatory bars at the fear screening stage represents a reversal of DHS’s own policy.

IRAP urges DHS to withdraw this harmful proposed rule, whose prospective injury is compounded by other recent Biden administration anti-asylum measures at the U.S.-Mexico border.

The comment is available here.