It’s been a bad year for international “rule of law.” The escalating war in Ukraine and the wretched failure of the United Nations (UN) to respond to the horror in Gaza deserve the attention they have received, but other international principles are dying as well. One of these is the right to asylum for those fleeing persecution. President Biden’s June 4 executive order limiting asylum processing at the border puts the US in the company of other countries quietly walking away from the 1951 UN Refugee Convention. When Donald Trump initiated similar practices in 2020 he hid behind a veneer of public health declarations, but Biden’s announcement reflects the new normal built upon racist fearmongering and the scapegoating of immigrants. Biden’s order implies that the US has an obligation to the rights of the persecuted only when it is convenient. The public perception that asylum seekers are abusing the system is part of the anti-immigrant rhetoric this election year. It’s a falsehood that thrives on the lack of understanding of the asylum process.
The Asylum System in the US
As a signatory to the 1951 Refugee Convention the US recognizes that those with a credible fear of persecution have a right to asylum. Applicants have one year to submit an I-589 application alleging fear of persecution. After an initial screening they are placed in the queue for a court hearing, during which the judge will examine the evidence for their claim. Contrary to public perception, 99 percent of applicants appear at their immigration asylum hearings. Continue reading
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