RE: Comment on Interim Final Rule on Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims (EOIR Docket No. 18–0501)
Dear Ms. Alder Reid:
Kids in Need of Defense (KIND) appreciates the opportunity to comment on the “Interim Final Rule on Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims” (EOIR Docket No. 18–0501), issued by U.S. Citizenship and Immigration Services, the Department of Homeland Security, the Executive Office for Immigration Review, and the Department of Justice on November 9, 2018 (83 Fed. Reg. 55934).
KIND is a national nonprofit organization dedicated to providing free legal representation and protection to unaccompanied immigrant and refugee children in removal proceedings. Since January 2009, KIND has received referrals for more than 16,800 children from 70 countries, and has trained more than 30,000 attorneys to represent such children. KIND has field offices in ten cities: Los Angeles, San Francisco, Atlanta, Baltimore, Boston, Houston, Newark, New York City, Seattle, and Washington, DC. Many of the children served through KIND fear being returned to unsafe situations from which they fled, and are eligible for asylum or other forms of humanitarian protection. KIND has a strong interest in ensuring that children are provided a meaningful opportunity to request asylum and other forms of legal protection.
KIND offers the following comments on the interim final rule, which in tandem with the “Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States” creates significant and detrimental changes to our country’s asylum system, with particular consequences for the safety and well-being of unaccompanied children. The proposed regulation arbitrarily and unlawfully restricts eligibility for asylum, and contravenes federal law and congressional intent. In so doing, it impedes access to lifesaving humanitarian protection and threatens the lives of thousands of children and others in search of safety in the United States.