Improving Asylum at and Beyond the U.S. Border: The Case for a Fair and Effective Protection Framework With a Modern Border and Reception System

WASHINGTON— The American Civil Liberties Union today released a new report, Improving Asylum at and Beyond the U.S. Border, which explores how the Trump administration’s attacks on asylum and other humanitarian protections are weakening the U.S. immigration system already on the brink of collapse. The report argues that gutting asylum not only sends people with valid asylum claims to countries where they face death but also fails to provide long-term solutions for the border. The report comes weeks after the Trump administration deported at least two dozen people, including people fleeing persecution in Iran and Afghanistan, to the Central African Republic, one of the most dangerous places in the world. Its release also comes just days before the 75th anniversary of the United Nation's adoption of the 1951 Refugee Convention, a landmark treaty that outlines core legal protections and rights that States must uphold to protect refugees. The report argues that attempts to gut our asylum system do nothing to prepare for future increases in arrivals along the U.S.-Mexico border. Adding obstacles to the asylum system means that political dissidents from Iran, LGBTQ persons from Uganda, children fleeing traffickers and many others can’t get the protection they deserve. At the same time, these restrictions don’t improve border processing, respond to new arrivals, or address the overdue need for lawful pathways, which has created demand at the border. Without needed reforms and legal options to come reunite with family, work, and seek safety, the government is sacrificing vulnerable people and its legal obligations while failing to create a sustainable alternative system that serves U.S. values, laws, and the economy. “The Trump administration’s cruel anti-asylum policies are predicated on the false notion that by gutting humanitarian protections, our broken immigration system will somehow be fixed – but deporting vulnerable people to war zones, detaining families, pushing kids through mass hearings, and arresting refugees who followed the rules do not create a functional system,” said Sarah Mehta, report author and deputy director for policy and government affairs, immigration at the ACLU. “If our policymakers want any semblance of a fair and workable immigration system, they must commit to rebuilding asylum and creating other legal pathways.” Though many of the arguments to close the border and the country to newcomers have focused on zero-sum thinking and promulgated claims about how people seeking asylum have strained local communities, the report highlights how asylum seekers and refugees are critical to a thriving U.S. economy and need support in getting to communities eager to receive them. For example, in 2024, asylees and refugees contributed an estimated $581 billion in revenue to federal, state, and local governments over a 15-year period, strengthening the case for improved access to asylum as communities nationwide, especially in rural areas, continue to feel economic strain. The report urges policymakers to recommit to protect asylum and other existing humanitarian protections and invest in modern solutions to our border. Recommendations include: Create additional lawful pathways for people to come to the U.S. to ensure that people can lawfully apply for and receive permission to come to the United States, without burdening the border arrival system. Invest in border processing and modernize the arrival triage system so that people arriving at the U.S.-Mexico border with valid asylum claims can be processed quickly. Support states and localities in welcoming newcomers through legislative solutions to improve coordination between arriving immigrants and the communities receiving them so that humanitarian needs and services are met and that communities have the support they need. Fund and bolster the immigration court and asylum processing system to address backlogs, streamline bureaucratic processes, and enhance due process through legal representation. It is the second report published as part of the ACLU’s affirmative vision series in which policy and legal experts will explore how the Trump administration’s immigration agenda has harmed communities nationwide, gutted asylum and other legal pathways, undermined our democracy, and wreaked havoc on key industries and weakened the American workforce. The series will also outline steps that members of Congress, as well as state and local policymakers, can take to reform the U.S. immigration system and inoculate against future attacks on immigrant communities. You can read the full report here: https://www.aclu.org/publications/improving-asylum-at-and-beyond-the-u-s-border-the-case-for-a-fair-and-effective-protection-framework-with-a-modern-border-and-reception-system