A new year and a new presidential administration bring hope for ethical changes to immigration. The last four years both highlighted long-time issues and brought about many new challenges. We are hopeful that the work of MWEG members and many other organizations will lead the way to positive immigration reform. MWEG’s evolution since its inception in 2017 has prepared Shoulder to Shoulder, MWEG’s immigration initiative, to make a tangible difference in the coming year and thereafter. Our priorities for immigration reform are as follows:
Change the tone.
Reverse the current anti-immigration tone to demonstrate respect, compassion, and dignity for every human being.
Support refugees.
Increase the presidential determination on refugee admissions.
Reverse the travel ban that targets majority-Muslim countries.
Resume resettlement activities.
Adjust funding to support resettlement agencies adequately.
Restore Temporary Protected Status.
Reverse exorbitant fees for refugees and people seeking asylum.
End family separations.
Prioritize reuniting separated children.
Fund family reunification.
Establish citizenship pathway for Dreamers.
Provide temporary protection through DACA executive order.
Establish permanent legislative protection.
Restore asylum.
Reduce the backlog of asylum claims.
Reverse the Migrant Protection Protocols (known as the “remain in Mexico” policy).
Dismantle refugee camps on the southern border.
Eliminate third-party country rules.
Restore the protection policy for credible fear of gang and domestic violence.
Reform the judicial process, especially adjudication procedures.
Promote comprehensive immigration reform.
Some of these changes will take time. We are still in the midst of a pandemic and recognize COVID-19 is the top priority for the Biden administration and the U.S. Congress. We also understand that many areas of immigration are complex and cannot be improved easily within the first 100 days. To assess progress on these immigration priorities, we will monitor the changes the executive and legislative branches make, examine judicial rulings, and consult immigration experts. Working shoulder to shoulder, we are optimistic that we can influence ethical changes to immigration.
Change of Tone
The first change we call for is to eliminate the anti-immigrant rhetoric prevalent during the last four years. At MWEG, we believe “healthy societies depend upon citizens engaging with their fellow citizens in good faith in civil discourse on public affairs, without resorting to vitriol and with a commitment to fairly understanding one another’s perspectives” (PEG 3c).
If we want to have productive dialogue, subsequent legislative action, and executive changes, we must start with a foundation of compassion and respect for the dignity of immigrants as children of God. For even those new to the United States or desirous to come to our country are “endowed with rights that governments are obligated to protect and not violate. These include both universal human rights such as the rights to life and liberty, as well as civil rights such as the rights to equitable political representation and equal protection under the law” (PEG 2).
As we move forward with Shoulder to Shoulder’s immigration goals, we recognize each individual’s humanity and the importance of communicating that through our words and actions.
Refugees
The plight of refugees is dear to the hearts of our MWEG members. Many of us have close ties to people fleeing their homes. Many of us are refugees, descendants of refugees, or friends and neighbors to refugees, and we are all driven by our faith to show love and support for refugees. “People have moral responsibilities to provide succor and relief to their fellow human beings fleeing war, violence, persecution, and natural disasters, regardless of their race, nationality, or religion” (PEG 3d).
We hope President Biden will return to policies such as raising the annual refugee admissions ceiling. We’re grateful he announced intentions to reverse the travel ban on predominantly Muslim countries on his first day in office.
Because of the changes made during the Trump administration, refugee resettlement agencies are now grossly underfunded. To prevent this loss of funding in the future, Congress will need to pass legislation changing how resettlement agency funds are calculated.
Refugee resettlement has been largely on hold since the start of the pandemic. This is a time when precautionary measures must be taken; but they can certainly be taken without halting all incoming refugees. We understand that resettlement agencies will need time to prepare for increasing arrivals, and we expect President Biden’s administration to take a measured approach to reasonably ramp up resettlement again.
Temporary Protected Status (TPS) is similar to refugee and asylum status but has different eligibility requirements that allow TPS holders to work in the U.S. immediately. TPS status for refugees and asylum seekers from Haiti, El Salvador, and Honduras was recently restored for nine months after the previous rescission by President Trump. We want to ensure that TPS for those and other countries in crisis will remain valid as long as it is expedient. Ideally, we would like to see legislation providing TPS holders with a path to citizenship.
End Family Separation
Families are sacred. They are “the fundamental group unit of society and also [have] the right to respect and protection under the law” (PEG 2e). Immigrant families are no exception and should be preserved. Separation should be rare and should only occur when the safety of the children is at real risk. When utilized, separation should only occur after employing child-friendly and trauma-informed practices to weigh the risks and benefits of separation.
The Department of Homeland Security (DHS) unethically separated thousands of children from their families during the last several years. While the policy has been walked back, family separation is still happening more often than it should, and hundreds of children remain separated from their parents. This policy must stop, the government must proactively engage in and cooperate with reunification efforts, and any funding required for reunification must be granted immediately.
DACA
Both MWEG and the Church support Deferred Action for Childhood Arrivals (DACA); in 2018 the Church issued the following statement: “We call upon our national leaders to create policies that provide hope and opportunities for those, sometimes referred to as ‘Dreamers,’ who grew up here from a young age and for whom this country is their home. They have built lives, pursued educational opportunities, and been employed for years based on the policies that were in place. These individuals have demonstrated a capacity to serve and contribute positively in our society, and we believe they should be granted the opportunity to continue to do so.”
Dreamers provide social and economic benefits to communities. More importantly, Dreamers are people with inherent worth. We are morally obligated to provide a reasonable, ethical path to citizenship for those who have come to our country as innocent children.
Recent judicial hearings have ruled that President Obama’s 2012 executive order creating DACA is still in force, and new applicants must be processed as such. This negates President Biden’s need to reverse the executive order made by President Trump that attempted to end DACA — unless future judicial rulings indicate otherwise. However, this kind of back-and-forth is cruel for recipients who cannot be at peace until they are granted legality through permanent legislation.
Biden has stated he will propose sound and compassionate legislation to Congress within his first 100 days that would provide that pathway to citizenship and assurity for Dreamers. We plan to analyze and advocate for that legislation.
Restore Asylum
On January 8, 2021, a federal judge issued an injunction in the cases Pangea Legal Services v. DHS and Immigration Equality v. DHS. This injunction prevented a rule titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review” from going into effect. The rule would have completely eviscerated asylum protection in the United States and enshrined into law many of the destructive policies put forth by the Trump administration. We call on the Biden administration to instruct the DOJ and DHS to stop defending this cruel and disastrous rule and to prevent it from going into effect.
Even without this rule, families have been separated; migrants in need of protection have been denied both due process and the needed protection; individuals, including children, have been deported to dangerous situations and, in some instances, to countries they have never even been to; detention centers have provided appalling care reaching levels of neglect and abuse; and people have been forced to wait unnecessarily long periods of time in the detestable conditions of refugee camps in Mexico, such as the Matamoros tent camp. Asylum is an area where the decisions of the Trump administration were particularly heinous and is therefore in need of vast improvements; it will take time to change the current situation.
First, as mandated by law, DHS must transfer unaccompanied minors to the custody of the Office of Refugee Resettlement, where they will have the opportunity to be released to the care of a sponsor throughout the pendency of their removal proceedings, rather than being uniformly deported without due process. A pandemic is not sufficient reason to deport children to dangerous situations, and the judiciary agrees. Courts ordered DHS to desist the process immediately, but reports indicate it may still be occurring.
Again, the pandemic means changes for everyone, including in immigration processes. However, a blanket ban on anyone seeking asylum is extreme and unnecessary. Even before the pandemic, the process was backlogged. Surely we can utilize COVID testing and quarantining in order to protect immigration agents while also providing immigrants a path to obtain refuge in the U.S. This is another area that will likely take time to take effect, as the new administration will need to carefully weigh the risks and needs in order to create a sound process.
The Migrant Protection Protocols, also known as the “remain in Mexico” policy, may not be reversed all at once. Still, those waiting on the other side of the border should be processed as soon as possible, and the policy must, in time, be reversed. Current policies have put people in great danger of kidnapping, abuse, and unsanitary conditions by not allowing individuals to remain in the U.S. while awaiting their asylum proceedings. In addition, denying asylum claims for people who have crossed through other countries, like Mexico (known as the “safe third country” rule) is completely irresponsible. These third-party countries have not demonstrated that they have the ability or intention to provide a safe haven for people seeking asylum. This rule must be reversed so that we are not deporting these individuals to unsafe countries and situations.
There are many alternatives to deportation and detention that allow for the safety of both immigrants and U.S. residents. The system is unable to support an overnight reversal, which would create a flood of people entering the country — a condition that would be problematic even without the complications of COVID-19.
One of the most appalling changes to asylum is the policy surrounding credible fear claims. In order to receive asylum, the person seeking refuge must have a credible fear that staying in the country of origin would put them at risk of violence. The Trump administration made several changes that drastically reduced the number of people able to prove their claims. These changes increased the burden of proof needed to prove the fear was credible, excluded gang and domestic violence from qualification, and decreased the legal representation permitted in the process. In addition, the experience of the judges hearing these cases has decreased.
There is no reasonable explanation for why we should not provide asylum for people fleeing gang and domestic violence in countries where the governments are not providing adequate protection. This policy must be changed immediately. Changes to policy for the judicial process can immediately reduce the burden of proof, allow for bail while awaiting hearings, and allow for adequate representation and legal preparation. Ideally, one day we will have statutes, regulations, and judicial processes that not only make possible, but plausible the immigration of needy individuals and families. A need for immigration reform existed long before the Trump administration. Fundamentally changing and streamlining the immigration system will take time but is essential. One especially important change would be to establish an independent Article 1 immigration court.
Comprehensive Immigration Reform
Comprehensive immigration reform is historically one of the most challenging issues to prioritize and accomplish. There are many competing issues in addition to the complexity in terms of process, fees, and prejudicial treatment to various countries. However, the current immigration processes and systems are often inefficient and inhumane. Rumors and misinformation about the level of criminal behavior from immigrants threatening U.S citizens is unconscionable, considering the country was built on the backs and by the minds of courageous immigrants.
We need a clear pathway to citizenship and other immigration statuses for individuals who have created lives in the United States but who lack a legal status here. We must reduce the current unnecessary and harmful barriers that exist. We are hopeful that President Biden’s civic experience and skills can disperse the contention and influence bipartisan action in Congress to create compassionate and ethical immigration reform.
Note: For more information and resources, we highly recommend checking out the National Immigration Forum and Migration Policy for their immigration priorities and analysis. Articles by Associated Press and Forbes describe the opportunities for the Biden administration to enact significant changes to U.S. immigration policy. NPR also published a solid analysis of expected and needed changes to refugee resettlement here. Please also see President Joseph Biden’s plans, as noted on his campaign website, for an overview of his immigration policy plans.
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