HIAS condemns today’s 6-3 decision from the Supreme Court decision in Mullin v. Al Otro Lado, which allows the U.S. government to continue blocking asylum seekers from accessing protection at the border.
By permitting the government to turn people away before they can request asylum, the Court has sanctioned a policy that undermines both U.S. law and basic principles of fairness. At issue in this case was whether individuals stopped at the threshold of the United States are entitled to seek asylum, a protection guaranteed under the Immigration and Nationality Act. Today’s decision dangerously narrows that right.
“This ruling is a devastating blow to people fleeing persecution and to the rule of law itself,” said Beth Oppenheim, HIAS President & CEO. “It gives the government a roadmap to evade its legal obligations by simply pushing people back before they can ask for protection. That is not what the law requires, and it is not who we should be as a country.”
HIAS also warned that this moment echoes one of the most shameful chapters in U.S. history. In 1939, the M.S. St. Louis, carrying more than 900 Jewish refugees fleeing Nazi persecution, was turned away from U.S. shores. Forced to return to Europe, 254 of those passengers were ultimately killed in the Holocaust.
“History has already shown us the consequences of turning people away when they seek safety,” Oppenheim added. “The lesson of the St. Louis should serve as a warning. When governments close their doors to those fleeing danger, lives are lost. Today’s decision repeats a failure of our past.”
HIAS filed an amicus brief in this case to share the expertise our organization has in two historical moments – helping those who were turned away from safety aboard the St. Louis in 1939, and helping those turned away in recent years at the U.S./Mexico border. HIAS will continue to fight with every tool we can for the rights and safety of asylum seekers and immigrants. While the Court has ruled, the moral and humanitarian imperative remains unchanged.
Read about HIAS’ multiple legal challenges
Read HIAS’ statement and amicus brief on Mullin v. Al Otro Lado
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