Defending the rights of refugees and asylum seekers in the U.S.

By Mary Meg McCarthy, executive director, National Immigrant Justice Center

This year as we mark World Refugee Day, at least 120 million people around the world are displaced from their homes due to violence, the highest number ever recorded.

This annual commemoration of the 1951 Convention Relating to the Status of Refugees is intended to celebrate the courage, resilience, and contributions of people who have been forced to flee their homes. But at a time when the rights and safety of refugees worldwide is more precarious than ever, we also must mark this day by demanding justice and protection for those seeking refuge.

From our legal services offices, to the federal courts, to the halls of Washington, D.C., NIJC staff are doing this work in myriad ways.

In recent months NIJC has:

• Sued the Biden administration to stop a new rule that shut off access to asylum protections for the vast majority of people arriving at the U.S.-Mexico border, no matter how strong their claims. The new rule mimics policies announced by the Trump administration blocking asylum access to people who seek protection between ports of entry. When President Trump issued his version of this announcement, it was twice ruled illegal by federal courts, as it contradicts U.S. asylum law’s clear mandate that any person be permitted to seek asylum regardless of their manner of entry.

“My biggest fear is that people are going to be removed from this country to persecution and torture and death,” NIJC Litigation Director Keren Zwick told NBC News.

• Helped dozens of refugees, asylum seekers, and asylees apply for legal protections that take them a step closer to realizing the peace and security they left home to find. Access to legal counsel is often the major determinant of an asylum seeker or refugee’s chance of success in the U.S. immigration system. NIJC’s direct services teams and pro bono partners have been hosting legal clinics almost weekly to expand access to counsel for people at almost every point along their journeys, from changing venue for their court cases shortly after they arrive, to applying for asylum and later work authorization, to taking the first steps toward permanent residence and, finally, U.S. citizenship. NIJC’s Post-Asylee/Refugee Benefits (PARB) clinics have helped dozens of refugees petition to reunite family members still living abroad and apply for lawful permanent residence.

“It is a really difficult process that can be confusing,” NIJC’s Recent Arrivals Project Coordinator Lisiann Rodriguez said in the NBC News piece, which featured a recent NIJC legal clinic where recent asylum applicants prepared applications for work authorization. “The backlogs at the asylum office and immigration court create a need for more legal rep and legal resources.”

• ?Exposed ongoing mistreatment of LGBTQ+ and HIV-positive asylum seekers in detention and demanded the U.S. government end its reliance on abusive immigration jails. This week, NIJC released a new report with Immigration Equality and Human Right First which lays bare the ongoing systemic abuse against LGBTQ+ and HIV-positive individuals in immigration detention centers. Researchers found that nearly all of the 41 detained or formerly detained LGBTQ and HIV-positive individuals they surveyed had been subjected to verbal abuse or threats of violence and assault that were homophobic, transphobic, xenophobic, or racist. A majority had received inadequate medical care or were denied care all together; half had been put in solitary confinement; and one third reported sexual abuse, physical assaults, or sexual harassment. Yet even amid the mounting evidence of the harm asylum seekers face in detention, the Biden administration is looking to cut costs — not by reducing the number of people it incarcerates but by steps such as reducing people’s access to legal phone calls. These measures will undoubtedly put people at greater risk of harm or death.

“What ICE under the Biden administration is signaling, is that when it comes to people’s liberty, and their lives, and their rights, there’s a bottom line. And they are most interested in their best bang for their buck, regardless of what basic rights are violated,” NIJC Director of Policy Nayna Gupta told The Hill.

Defending justice for refugees and asylum seekers is not only the right thing to do, it makes our communities better in the long run. Earlier this month at the 25th Annual NIJC Human Rights Awards we released a new video featuring three clients we’ve been privileged to represent over our 40-year history. Camilo, Abdinasir, and Habon’s stories show us how much we all have to gain by compassionately welcoming refugees and asylum seekers – a give us a reason to celebrate despite the mounting challenges. Click here to watch their stories.

This World Refugee Day, join NIJC to defend refugee and immigrant rights:

1. Take action to urge the Biden administration to implement policies that uphold the dignity and human rights of all immigrants.
2. Donate to help NIJC continue to provide legal services for immigrants, refugees, and asylum seekers.
3. Share stories demonstrating the importance of defending justice for refugees and asylum seekers: LinkedIn | Facebook