Colleagues, Forwarding information about a Notice of Proposed Rulemaking that was released yesterday. Please see the summary and related information below. The public comment period is open until July 15. I encourage you to submit a comment. Deborah Deborah Kennedy Senior Consultant / Owner, Key Words President, National Coalition for Literacy http://www.key-words.us http://www.national-coalition-literacy.org 1. https://my.tesol.org/communities/community-home/digestviewer/viewthread?MessageKey=436fde52-5135-4252-98a4-b20ef1fe398d&CommunityKey=36eb225f-87ca-4ff5-8809-31a8100fa545&tab=digestviewer#bm436fde52-5135-4252-98a4-b20ef1fe398d https://my.tesol.org/communities/all-discussions/postreply?MessageKey=436fde52-5135-4252-98a4-b20ef1fe398d&ListKey=b0966272-acb2-4548-87b5-c9c15f4eb659 mailto:TESOL_tesoladvocacypolicy_436fde52-5135-4252-98a4-b20ef1fe398d@ConnectedCommunity.org?subject=Re: Advocacy Opportunity: Newly Proposed Asylum Rule https://my.tesol.org/communities/all-discussions/postreply?MessageKey=436fde52-5135-4252-98a4-b20ef1fe398d&ListKey=b0966272-acb2-4548-87b5-c9c15f4eb659&SenderKey=2a2acbef-1e38-4f0b-9249-e0d6365d9db1 https://my.tesol.org/network/members/profile?UserKey=2a2acbef-1e38-4f0b-9249-e0d6365d9db1 Jun 17, 2020 9:56 PM https://my.tesol.org/network/members/profile?UserKey=2a2acbef-1e38-4f0b-9249-e0d6365d9db1 CALL FOR PUBLIC COMMENTS: There is a 30-day public comment period for the https://www.federalregister.gov/documents/2020/06/15/2020-12575/procedures-for-asylum-and-withholding-of-removal-credible-fear-and-reasonable-fear-review which attempts to completely dismantle the U.S. asylum system. If imposed, it will be challenged in the courts. Public comments can provide critical support for those cases. They also become permanent record that remains with the regulation, and can help future administrations reverse harmful regulations such as this one.  The public comment period ends in 28 days on 15 July 2020 ▪︎  Written or electronic comments on the notice of proposed rulemaking must be submitted on or before July 15, 2020. Written comments postmarked on or before that date will be considered timely. The electronic Federal Docket Management System will accept comments prior to midnight U.S. Eastern time at the end of that day. ▪︎  Comments must be unique to be considered, so please do not use templates with pre-written text. Comments should be professional, but they can also be simple and straightforward. This is a chance to express your concerns. ❓ WHAT IS SO ALARMING ABOUT THE NEW REGULATION?   ▪︎  The proposed regulation would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States. ▪︎  The proposed regulation includes multiple new bans on asylum and impact asylum screenings at the border. It also eliminates multiple grounds under which people are currently granted asylum and allows immigration judges to deny asylum seekers due process by rejecting applications without a hearing. ▪︎  The proposed regulation would deny asylum to young people who face forced conscription by terrorist groups or gangs. ▪︎  The proposed regulation would eliminate protection under the United Nations Convention Against Torture to persons who were tortured, physically or mentally, by the police or members of the military who are deemed as rogue officials acting not under color of law. ▪︎  The proposed regulation would eliminate gender-based asylum for women who are victims of domestic violence and LGBTQ+ persons fleeing persecution. ▪︎  It would create a slew of new ways to declare asylum applications 'frivolous' without ever hearing cases. This can also ban applicants from all other forms of immigration relief. ▪︎  The regulation would also block those who pass through more than one country on their way to the United States from pursuing relief in those countries, even if they merely have a layover in Canada or south of the U.S. border instead of a direct flight to the U.S. 📑 WHERE TO LEAVE YOUR COMMENT & READ THE PROPOSED ASYLUM REGULATION https://www.federalregister.gov/documents/2020/06/15/2020-12575/procedures-for-asylum-and-withholding-of-removal-credible-fear-and-reasonable-fear-review.  ⚖️ BACKGROUND ON THE NEW RULE   Colleague Nicole Narea provides an easy-to-follow analysis here:  "The Trump administration has proposed a regulation that would deliver its biggest blow to the US asylum system yet, vastly expanding immigration officials' authority to turn away migrants. If enacted, it would all but close America's doors to asylum seekers... The regulation, which was announced Wednesday, would make it impossible for victims of gang-related and gender-based violence to obtain protection in the US. It would also refuse asylum to anyone coming from a country other than Canada or Mexico, or who does not arrive on a direct flight to the US, as well as anyone who has failed to pay taxes, among other provisions. The regulation would make it much harder for asylum seekers to have their day in court and access to due process - especially if they don't have access to legal counsel, which is the case for the vast majority of them. It would raise the burden of proof in their initial asylum interviews, making it harder to move forward with their asylum claims. And even if they are able to get past that first step, they would not be granted a full immigration court hearing in which they can also claim forms of humanitarian relief other than asylum, such as protections under the United Nations' Convention Against Torture for individuals who would likely be tortured or killed by their own governments.   The regulation would also gut protections for two groups that have brought an increasing number of asylum claims in recent years: victims of gender-based violence, including domestic violence victims and LGBTQ individuals, and victims of gang violence and recruitment. That could cut off many vulnerable migrants coming from Central America, where criminal gangs such as MS-13, which has often attracted Trump's ire, target young men for recruitment and threaten them and their families with violence if they refuse to join.   It would also drastically raise the standard for an immigration judge to grant asylum such that applicants would have to show a direct failure of their government to intervene in their case. And it would bar anyone who has been in the US for more than a year from applying for asylum, even though Congress has provided exceptions to the one-year filing deadline - a proposal that the American Immigration Council's Aaron Reichlin-Melnick called 'patently illegal...'"  https://bit.ly/3fzGWnyhttps://l.facebook.com/l.php?u=https%3A%2F%2Fbit.ly%2F3fzGWny%3Ffbclid%3DIwAR1S6baN9NxmTt9XhcCgaaxk6XeH8K-CCUq6Llk3Q4frhKVhHUdx1RItDvM&h=AT02y1Z5Z2Nah5CS3WgHDVRHa4jswQr2eTFWUPXEfj0Z3Sl3xVx7ALWA_TL3lz6o0BdgFdj5fEkU5Ig-Xd67sIQenrG9LQaywgKreijwBjSIHIx_6itFOjDUvHfuh2NgC0sTQdp-G1zu5Uij0lAVidETsW8LpZxNFvF-PuqEzeqDqBq8MKy9uYd9FccN2tvmH9TlooEwv20VQJj6nxfUVn6uBgtr27OKf01TXiEfW0vy5WA9qRTql0HHUxuKd-3Mn40yHBjsmLHxpIqfFy5FLgeHQpe1yvGTXHmH3evFXKnoF5YoYCwvSoJJhSZmOget7Plba-6lkR-yxvgagyjtpcMSFOStRqsxPFkhJHtHc6P6SYlPFoyi8RZUz67JGcnSka7qpy1PPYbA7UsidgHJa7iBMHTZ8eqrjV_TCNc4lTl-z1D61e-VIK4FwxKUUAtdqwiExLpCIMVToryFmNr83RQg5dSkWEtjWWJMjup04tPLmSLjdi4vCpuhW4CQWb5aICsfmOsAbfCwMjZAZMQtPwyRa5j4lyDOqyw4dfTVat_gL34W2FZU6EWcIrNlQbREE4BF_3nA_lhwVzv6JjRw1fKSMDl-XkRUO-CzDg4MtfgLuwV-2p0I8vkBJgsk Greg Chen, Director of Government Relations, American Immigration Lawyers Association, address it simply:  "The proposed rule is literally the kitchen sink of asylum bans and will end any notion of asylum that still remains, recognizing that this administration has already issued so many previous bans. It would close off asylum for nearly all survivors of domestic violence as well as people targeted by gangs. It will short circuit due process in countless ways to make it faster and easier to deport asylum seekers effectively denying them a fair day in court." Colleague Carl Shusterman provides a thorough breakdown that serves as an excellent point-by-point reference for drafting public comments here: https://www.jdsupra.com/legalnews/new-asylum-regulation-proposed-57277/ 📋 TIPS FOR LEAVING A COMMENT   ▪︎  Be familiar with the rule or regulation you are planning to comment on, and the issue. ▪︎  When commenting, use a heading that states the regulation name and docket ID number. The ID number will automatically be associated with your comment when submitted online if you are sending in a written comment. Referencing the name and ID number links your comment with a specific rule or regulation, plus it demonstrates an attention to detail. ▪︎  Establish your expertise in the area you are commenting on, and support your comment with research, data, or empirical information. For example, when commenting on an EPA regulation, a weatherman may start with, 'My PHD in meteorology and atmospheric sciences…' If the rule or regulation under consideration is about dairy farms, a farmer might start with 'Having run a dairy farm for over 20 years…' ▪︎  Be as clear as possible: 》 Define your objectives 》 Use clear organization and formatting, and precise language 》 Present an argument, supported with data if needed, and show how this is related to the document you're discussing 》 Pay special attention to any requests for data or information, or questions, within the document. 》 Cite or include sources, if you refer to outside material in your comment. ▪︎  You can track your comments through the Federal Register here: https://l.facebook.com/l.php?u=https%3A%2F%2Fwww.regulations.gov%2Fhelp%3Ffbclid%3DIwAR021EjtSRwn4EtpJ0bCgXBe00_rYzYULtMTYhwjEVVT4YIpzHSYnh2IHC4&h=AT3JhR8nPD6sfgJGSNG9c6USkakTJig51uZc2FLhUdHeX_j0plzlSrlGb0veC5ObRJ9cWAbu45XIsukMYXbzPFzDu1vjZiyIxKCVhNEMbqx0SdA3lv-j0BjM7vNIdkIJbfIbKLXaxwf-wPGuoboQro49NZ0QcQCcGV9NI3x9XCtSruMFkth0N1kSMDReODLRRA2sHMdxjVr3qxz7fPkmZMdVwhlT-9npH8rdDv6cRkZ27zHSh7ryIDPUwuFxdk-zIqefMv74w-k-uw3AMqXEUwReRLU0l9qo-rtuUtDtovF3RBZBexttQcM1WLhQJo_Ay0nOovTWQBc3q-H0kPSjR8487koP4ZgU9pzFfN_e8YMeGU79EhBRdHVazemoNVDBBGuLz3ZUxAaT_hdFL6PRcJbjOy8JZAqQCMMLOasPJnxCHOO2PvZrXD2M4Szko5IbaWIwq5sW2l9gLtjCQGgOPc0GRLC8UgA5Fv5dFb7f_4P6UfgVtga0XEtsZkSLK2d5ZNIlw9HAy5VaEM7-OM8BXJdgqXoDeNVN4FckbN10fgacK_7cV6SM8MSdTxt7J5UOK3xf-NJ7QHkj6ap4k6NpgabHh1TgxN6tcHein2SPbjy15hytc8MOQ3tpQUvW (follow "find a comment" in the left navigation bar) Source: Boundless Immigration 📄  EXAMPLES & RESOURCES FOR DRAFTING A COMMENT ▪︎  https://protectingimmigrantfamilies.org/ offers a guide for commenting effectively. https://docs.google.com/document/d/1gsexqutrza23539pMN_hngPtfV5McoaeT-BnzlovKOA/edit ▪︎  The https://publiccommentproject.org/ provides examples and additional helpful https://publiccommentproject.org/learn-homehttps://publiccommentproject.org/learn-home. ▪︎  The https://www.federalregister.gov/also offers a https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf ▪︎  https://www.berkeley.edu/ provides an https://guides.lib.berkeley.edu/ContactingOfficials/regs. ▪︎  Here is an additional https://www.foreffectivegov.org/node/4059 from the https://www.foreffectivegov.org/.  ▪︎  https://www.councilofnonprofits.org/ takes some of the mystery out of the process: https://www.councilofnonprofits.org/thought-leadership/taking-the-mystery-out-of-filing-comments-proposed-rules  🌎 ADDITIONAL ARTICLES RESPONDING TO THE PROPOSED REGULATION   >From the American Immigration Lawyers Association -https://www.aila.org/advo-media/press-releases/2020/proposed-asylum-rule "This move by the administration to more severely restrict asylum protections for those fleeing persecution and torture is part of a systematic dismantling of America's long-standing commitment to being a place of refuge. This proposed rule would burn an enormous hole through the longstanding framework of American asylum law which has already been undermined and diminished under the current Administration. Among other things, the rule would all but ban asylum for those fleeing domestic violence and gang persecution despite courts having found that such persecution meets the criteria for asylum. Additionally, Immigration Judges would be granted greater authority to end an asylum application without a hearing at all. We already know that some judges deny upwards of 90% of asylum claims where the respondent is standing before them, testifying to their persecution. This rule will result in even more people who are fleeing for their lives being denied protection and forcibly returned to life threatening danger..." -AILA President Marketa Lindt "This rule would not leave us with an asylum process in anything but name, gutting any notion of asylum that still remains. These changes will result in legitimate asylum seekers who are fleeing racial, religious, political and gender persecution being forcibly returned to face assault, torture, and death. It is clear that the administration has weaponized the regulatory process in a way never seen before. We cannot stand by and watch the laws put in place by Congress be altered beyond recognition by the president. The U.S. government has the capacity to process the many asylum applicants we receive each year not only efficiently but also fairly and in a manner that is consistent with our laws and the Constitution. We must offer public comment, we must work with our allies and communities to ensure their voices are heard and taken into account, and we must commit to fight for our country's values and get Congress and the courts on board with that fight too." -AILA Executive Director Benjamin Johnson   >From CNN - https://www.cnn.com/2020/06/10/politics/us-asylum-draft-rule/index.htmlhttps://www.cnn.com/2020/06/10/politics/us-asylum-draft-rule/index.html "The goal of this asylum regulation -- far from reshaping the system to improve it -- is to make asylum impossible to win."   From Philip G. Schrag, Georgetown University School of Law, writing for the Hill - https://thehill.com/opinion/immigration/502881-the-end-of-asylum-for-now "The pending regulation, obviously an attempt to make it difficult for a potential Democratic administration to reverse anti-asylum policies next year, is a belt-and-suspenders attack on every aspect of the plan that Congress enacted. Among other things, it provides that death threats from a regime's officials should no longer be considered to be persecution, that women can't win asylum even if persecution of them is ubiquitous and that former gang members who face death for having left the gang cannot qualify as members of a 'social group.' It allows officials to dismiss asylum applications, without a hearing... It codifies Sessions' ban on asylum based on domestic violence." https://thehill.com/opinion/immigration/502881-the-end-of-asylum-for-now ▪︎  From Human Rights First - https://www.humanrightsfirst.org/press-release/human-rights-first-condemns-rule-seeks-re-write-refugee-laws-eliminate-asylum "The U.S. Departments of Homeland Security and Justice have proposed a new rule, slated to be issued on Monday, June 15, which would gut what remains of protection for refugees seeking asylum at the U.S. border with Mexico and create a near-total elimination of asylum for other applicants in what legal experts see as a clear violation of the Immigration and Nationality Act, the intent of Congress, and the treaty obligations of the United States."   Best regards, ------------------------------ Stacy Brown Community Manager | Refugee Concerns IS Director | Intentional Humanity, Refugees Forward ELD Coordinator | Oklahoma City Public Schools "Sólo tienes lo que das." -Isabel Allende "You only have what you give." ------------------------------