2 FEB 2023

With 80% of Americans Supporting Pathway to Citizenship, Biden Administration and Congress Should Finally Do Away with Failed Trump Policies 

Reinstating PACR/HARP Would Undermine the Safety and Rights of Vulnerable Asylum Seekers, Placing Them in Crosshairs of CBP

WASHINGTON, DC - Recent reports indicate that the Biden administration is considering the reinstatement of a Trump-era policy that would deprive asylum seekers of a fair process to present their claims and place vulnerable families under Border Patrol custody and in unsafe conditions. Under this plan, the initial asylum screening would be conducted while asylum seekers are detained in Customs and Border Protection (CBP) detention centers, denying them due process. Additionally, individuals in CBP custody are often at risk of abuse– according to a 2021 Human Rights Watch report CBP “suffers from serious transparency, oversight, and accountability deficits” and mounting allegations of physical and sexual abuse.   

This news comes weeks after the Biden administration announced it is moving forward with a ‘transit ban’ that would dramatically limit the legal rights of asylum seekers to seek protection at the southern border. Sergio Gonzales, Executive Director of the Immigration Hub, released the following statement:

“Reporting that the Biden administration is potentially reinstating this terrible policy is deeply alarming and I hope untrue. Upon getting sworn in, President Biden rightfully ended PACR/HARP, a Trump-era program that attacked our asylum system, robbed individuals of due process, and put vulnerable families seeking refuge in terrible detention conditions and in the crosshairs of Border Patrol. We urge President Biden to steer clear of these policies that run counter to his vision for a humane immigration system. It’s time to look past these failed artifacts of Trump’s failed presidency and accelerate real solutions to manage our border and provide millions of hardworking undocumented immigrants who have been here for years a path to citizenship.The latest insight into American sentiment shows an overwhelming majority, 80% of Americans, want our leaders to deliver citizenship to immigrant families instead of playing politics at the border. Both Republicans and Democrats should come to the table and send legislation to President Biden that would allow Dreamers, farm workers and many more immigrant families to stop living in limbo and continue to be drivers of our economy, culture and innovation.”  

Background information on PACR/HARP policy: 

  • This PACR/HARP policy forces migrants into inhospitable conditions, requiring them to remain in Customs & Border Patrol detention centers during the initial asylum process. CBP detention centers, however, are not designed to hold migrants for longer than a few hours. [Source]

  • CBP facilities allow few – if any — visitors, and have limited phone access meaning that migrants have little access to lawyers or credible legal counsel. This “legal black hole” deprives asylum seekers of the knowledge and background that they need to successfully pass screening exams.  [Source]

  • The Department of Homeland Security (DHS), General Accountability Office (GAO), and Office of Inspector General (OIG) have issued reports that are critical of the PACR/HARP process, and migrants who are housed in CBP detention centers lack access to attorneys. [Source] 

  • Asylum-seeking migrants who are housed in CBP detention centers are drastically less likely to pass screening tests that determine their eligibility to apply for asylum. Prior to the implementation of PACR/HARP, 74% of migrants passed screening tests to seek protection and remain in the United States, post-implementation only 23% of migrants pass their screening tests. [Source]

  • CBP has a history of allegations of repeated misconduct and abuse of migrants. Evidence that the nation’s largest federal law enforcement agency, CBP, suffers from serious transparency, oversight, and accountability deficits has been mounting for years. In a 2018 affidavit, CBP’s former deputy assistant commissioner for internal affairs, James Wong, described CBP leadership as “reluctant to hold agents and others within the agency accountable for their actions, including if they were involved in criminal activity.” [Source]

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The Immigration Hub is a national organization dedicated to advancing fair and just immigration policies through strategic leadership, innovative communications strategies, legislative advocacy and collaborative partnerships.