Asylum Officers’ Union and Former IJs and BIA Members File Amicus Briefs Arguing New Asylum Rule Undermines Asylum System
More than 40 former IJs and former members of the BIA submitted an amicus brief in support of the plaintiffs in East Bay Sanctuary Covenant v. Biden asking the Northern District of California to strike down the “Circumvention of Lawful Pathways” rule, arguing that the rule creates a near-total bar to asylum for those seeking protections at the border, arbitrarily abrogates Congress’s longstanding asylum scheme, undermines the integrity of the asylum adjudication process, and contravenes international law. They urge the court to hold that the rule is unlawful.
In addition, National Citizenship and Immigration Services Council 119, the union representing U.S. asylum officers, filed an amicus brief in support of the plaintiffs, asserting that the rule is inconsistent with asylum law, rests on arbitrary and mistaken premises, and undermines the United States’ longstanding commitment to providing safe haven to the persecuted. Accordingly, Council 119 urged the court to grant the plaintiffs’ motion for summary judgment and requested relief.
(East Bay Sanctuary Covenant v. Biden, 6/7/23)