Press Releases

Attorney General William Tong

07/16/2020

AG Tong Joins Coalition Opposing Trump Administration Effort to Gut Asylum Protections

(Hartford, CT) – Attorney General William Tong today joined a coalition of 23 attorneys general, led by California, in filing a comment letter opposing the Trump Administration’s attempt to gut the nation’s asylum system. By severely restricting eligibility and eliminating several procedural protections, the proposed rule will result in the deportation of bona fide asylum seekers who face persecution or torture in their home countries. If the proposal were to move forward, more than 4,500 Connecticut residents with pending asylum cases would be deprived of humanitarian protections and might even be deported without any opportunity to be heard or present evidence in court.

“This is a new low in the Trump Administration’s ongoing war on immigrants and human rights,” said Attorney General Tong. “We have a legal and moral obligation to welcome asylum seekers who want and need our protection. This proposal will prevent vulnerable people, including children who are fleeing violence and terrorism, from receiving asylum in our country. It is illegal, unconstitutional, and a betrayal of the principles our nation was founded on. We will continue to fight for the rights of asylum seekers.”

In the comment letter, the coalition argues that the proposed rule violates the Administrative Procedure Act, the Immigration and Nationality Act, and constitutional due process provisions. The policy change would make it all but impossible for asylum seekers to secure protection. For example, the proposed rule would categorically deny asylum claims — such as those based on domestic violence, gang violence, and opposition to terrorist groups — that district courts have previously recognized as valid basis for asylum. The burden of those wrongful denials would fall hardest on the most vulnerable applicants, including abused women and other survivors of trauma.

Moreover, the proposed rule contains a number of troubling changes to the asylum process that would effectively block most current and future applicants from receiving protection. For instance: The rule allows judges to order deportations without even giving applicants the chance to testify; sets up a virtually insurmountable bar to asylum if an applicant passed through a third country without seeking relief, even if the third country was unsafe or did not offer meaningful opportunities for asylum; and even makes it harder for unaccompanied children to show that they need the United States’ protection.

In sending the comment letter, Attorney General Tong joins the attorneys general of California, Colorado, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

A copy of the comment letter is available here.

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