IABA Statement on Recent Immigration Policy Updates

IABA Statement on Recent Immigration Policy Updates

WASHINGTON, D.C.—The Iranian American Bar Association (IABA) strongly opposes the Executive Order signed by President Biden on June 4, 2024, which blocks asylum seekers at the southern border, effective June 5, 2024. This Order, relying on sections 212(f) and 215(a) of the Immigration and Nationality Act, echoes the framework used for the “Muslim Travel Ban.”

IABA has elaborated upon its objections in a comprehensive “Letter Discussing IABA’s Strong Opposing of Proclamation 10773“, which outlines salient details of Proclamation 10773 of June 4, 2024. Specifically, the order suspends and limits the entry of noncitizens at the southern border when the average number of daily encounters exceeds 2,500 over a seven-day period. The suspension is lifted if the average drops below 1,500 encounters over 14 days. The broad definition of “encounter” includes those apprehended within 100 miles of the border or turned away at official entry points.

The American Bar Association (ABA) and Asian Americans Advancing Justice (AAAJ) have also voiced strong opposition to this proclamation. The ABA highlights the violation of critical provisions of the Immigration and Nationality Act, international law, and due process. The AAAJ condemns the administration for using asylum-seekers’ lives as political leverage during Immigrant Heritage Month.

On Wednesday June 12, 2024, the American Civil Liberties Union (ACLU) filed a lawsuit in the U.S. District Court for the District of Columbia representing Las Americas Immigrant Advocacy Center and Refugee and Immigrant Center for Education and Legal Services. The named defendants include the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (USCBP), U.S. Immigration and Customs Enforcement (USICE), the U.S. Department of Justice (DOJ), the Executive Office for Immigration Review, and the heads of those respective agencies in their official capacity. The lawsuit alleges violations of Immigration and Nationality Act and the Administrative Procedure Act.

Additionally, on Monday June 17, 2024, the Biden Administration also released new immigration policies in efforts to support family unity. Through this new rule, the Department of Homeland Security “will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion… to apply for lawful permanent residence without having to leave the United States.” Moreover, “noncitizen children… may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen.” Lastly, the Department of Homeland Security and Department of State will work together to “facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S. institution of higher education.”On Tuesday June 18, 2024, the National Asian Pacific American Bar Association (NAPABA) and AAAJ released statements of support for these new policies.

IABA echoes the sentiments voiced by these organizations. IABA stands in solidarity with asylum-seekers by strongly opposing Proclamation 10773 for its violation of international human rights and U.S. laws and failure to follow the proper notice and comment procedures critical to agency rule making power. We applaud the ACLU’s efforts in challenging the proclamation because it undermines America’s values as a sanctuary for those fleeing persecution, and we urge the administration to reverse this proclamation immediately to protect the rights and lives of asylum-seekers. IABA also joins the chorus of organizations applauding the new immigration policies that will keep families together and provide family stability, as they allow pathways for certain noncitizens to acquire lawful permanent resident status and allow eligible DACA recipients a route to secure legal employment.