Amicus Brief challenging Interim Final Rule: “Securing the Border”

BRIEF AMICUS CURIAE OF HUMAN RIGHTS FIRST, HOPE BORDER INSTITUTE, IMMIGRANT DEFENDERS LAW CENTER, KINO BORDER INITIATIVE, AND REFUGEES INTERNATIONAL IN SUPPORT OF PLAINTIFFS

Human Rights First, Hope Border Institute, Immigrant Defenders Law Center, Kino Border Initiative, and Refugees International submitted this amicus brief challenging the Biden Administration’s June Interim Final Rule (IFR) titled “Securing the Border.”

INTRODUCTION AND SUMMARY OF THE ARGUMENT

In the Interim Final Rule titled “Securing the Border” (the “IFR”) the Departments of Homeland Security and Justice lay bare their commitment to refouling refugees by eliminating immigration officers’ longstanding duty to ask questions to ascertain whether a person facing expedited removal must be referred for a fear screening interview under U.S. law. Securing the Border, 89 Fed. Reg. 48710 (June 7, 2024) (amending 8 C.F.R. §§ 208.13(g), 208.35, 235.15, 1208.13(g), 1208.35). Amici offer this Brief to describe the reasons for this longstanding requirement and the dangers posed by its elimination. In the two months since the implementation of the IFR, amici have interviewed asylum seekers who expressly requested asylum, relayed their past persecution, explained their asylum claims, showed agents their injuries, and reported that they had visibly sobbed and begged to be heard, but were ignored by U.S. immigration officers or told they would be deported anyway. Other asylum seekers have reported being unable to express their fear because officers forbade them from speaking, reprimanded them, intimidated them, or told them there was no asylum anymore. Even written and oral communications by counsel of an asylum seeker’s fear of return have failed to ensure referral for a fear screening interview.