On June 15, 2020, the U.S. Departments of Justice and Homeland Security published a new proposed rule that aims to gut the asylum system. If this goes into effect thousands of asylum seekers, including LGBTQ+ people, would be denied their right to asylum and sent back to live in perilous conditions. The Queer Detainee Empowerment Project (QDEP) condemns this racist attack and demands that the human right to asylum be upheld.

Monica, a QDEP member, emphasized that transphobic violence and HIV discrimination in Ivory Coast made her seek safety in the U.S. “This new ruling from President Trump will trample on the possibility for us to be safe here.”

“This country is supposed to protect people who are a part of the LGBTQ+ community,” Edinson, also a QDEP member, added. “If they let this go through, it’s going to be a disaster.”

The change to asylum law includes so many outrageous limitations that it shuts out most asylum seekers, including LGBTQ+ individuals and women escaping violence. People who survive racial or religious persecution, torture, or violence from gangs will also be sent back to violent situations. A long list of arbitrary restrictions gives officials reasons to rule that an application is invalid.

Uchechukwu Onwa, Co-Director of QDEP, came to the U.S. fleeing homophobic attacks in Nigeria. “I was able to escape all this violence and come to this country hoping that I would be safe here,” he said. “Now that opportunity is being taken away from me and people like me.”

The rule is part of the Trump administration’s racist attacks on immigrants. The administration has used the pretext of public health to shut down the borders, cut down on green cards and visas, and to deport people. This week alone, the Trump administration proposed yet another change that would deny asylum to people who are deemed a public health risk.

QDEP demands that the administration reject the rule and respect the human right to asylum. Concurrently, QDEP calls for the release of everyone held in ICE detention, jails, and the eradication of ICE and the prison industrial complex.

QDEP calls on you to submit a comment by Wednesday, July 15th to delay this rule for as long as possible. The government is required to review and answer all public comments before it can enact any changes. Go to the comment guide below and submit a comment at b.link/protect_asylum by July 15th.

We have the collective power to cope and fight back. QDEP advises asylum seekers to apply for asylum and reach out to legal advocates as soon as possible. We urge allies to reach out to those who are directly impacted by this rule and support them emotionally. Finally, immigrant-rights organizations like QDEP have a great need for donations and volunteers. The recent uprisings have shown us that another world is possible; the power of the people will topple racist borders and prisons, and let flowers bloom.

COMMENT GUIDE

The government has to review and respond to every single unique comment before enacting the new asylum rule. Submit a comment by Wednesday, July 15th to delay the rule and protect asylum.

Go to b.link/protect_asylum to submit your comment. If you want to submit by mail, find the information at the bottom of this guide.

Important Notes

  • Your comment has to be unique, so make sure to adapt our template! If it’s an exact copy of other statements, it doesn’t count! Feel free to add your voice and write about your own experience or what you know about asylum.
  • All comment submissions must be in English. If you would like to submit a comment in Spanish or French, QDEP would be happy to assist you in translating. You can call Ian Zdanowicz, Co-Director of QDEP, at (917) 806-6494. 

Comment Template

This comment is submitted in opposition to the United States Department of Homeland Security (DHS) and Department of Justice (DOJ) (the Departments) Joint Notice of Proposed Rulemaking (NPRM or “proposed rule”): Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review; RIN 1615-AC42 / 1125-AA94 / EOIR Docket No. 18-0002 / A.G. Order No. 4714-2020 published in the Federal Register on June 15, 2020.

People who face violence in their home countries, including LGBTQ+ and HIV+ people, seek asylum and safety in the U.S. The proposed rule is an attack on the asylum system, leaving people alone as they face transphobic, homophobic, gender, and racist violence.  I urge the Departments to rescind the rule.

[Include your own opinion about why this rule should be rescinded. You can talk about how this rule affects you or someone you know. Read the statement on the first page to learn more about what is at stake.]

The proposed rule has arbitrary barriers to asylum that will leave many in life-threatening limbo. I urge you to review and reject the changes to the definitions of social groups that will exclude people claiming persecution based on gender or sexual identity. The sky-high standard for claiming persecution means that violence will not be prevented until it is too late. The U.S. Government should not decide who deserves to be safe and who will be left to face violence and death.

Write Your Own Comment!

Please feel free to write your own comment. Make sure that the text includes 

the following details (via Federal Register):

  • Directed to: Executive Office for Immigration Review, U.S. Citizenship and Immigration Services, and Department of Homeland Security.
  • RIN 1125-AA94 or EOIR Docket No. 18-0002
  • A comment/reason for rejection based on the proposal language or legality

To Submit By Mail

  • Address your letter to:

Lauren Alder Reid, Assistant Director
Office of Policy, Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800
Falls Church, VA 22041

  • On your correspondence, reference RIN 1125-AA94 and the Executive Office for Immigration Review, U.S. Citizenship and Immigration Services, and Department of Homeland Security