Urge Congress to Speak Out Against Family Separation at Border Action Alert Background Information

In 2010, synod encouraged congregations and church members to:

“...speak out against, and seek to reform, laws and practices concerning the treatment of immigrants that appear to be unduly harsh or unjust.”

“...support the need for comprehensive immigration reform in ways that will reduce the number of people without status and/or non-status workers and provide increased opportunities for immigrants to gain legal status within the nation.”

“...advocate on behalf of those suffering in prison on account of their lack of status to ensure a more just and dignified process in dealing with them while also advocating for more humane treatment of those who are unfortunate enough to be imprisoned.”

The new “zero tolerance” policy was announced just after a surge of Central Americans arrived to the U.S.-Mexico border, many of whom were seeking to gain legal status through asylum. The administration said this policy aims to deter migrants from entering the country illegally, but would also apply to those seeking asylum. Though overall border apprehensions have decreased, asylum claims have increased over the years as a result of growing violence and persecution in Central America, mainly Guatemala, Honduras, and El Salvador.

Asylum is a type of permanent protection given to foreign nationals who are already in the United States or who arrive at the U.S. border and meet refugee qualifications: an individual who cannot return to their home country because of well founded fear of being persecuted due “race, religion, nationality, membership in a particular social group, or political opinion.” The United States has legal obligations to provide protections to those who meet the criteria as refugees, including asylum seekers.

U.S. law allows individuals to request asylum whether they enter the U.S. with a valid visa, request asylum at a port of entry, or if apprehended at the border without a valid visa. Under the new policy, all migrants who cross the border illegally will face criminal prosecution, including asylum seekers, which could jeopardize their chance to legal status. This is the case despite reports that claim asylum seekers have been denied opportunities to present their cases at legal ports of entry.

Under this policy, immigrants who are apprehended at the border can be charged with a misdemeanor criminal violation -- until now, U.S. policy has allowed for prosecutorial discretion, allowing individual circumstances to be taken in account, such as the wellbeing of children. This new policy removes that discretion, separating all children from parents while they undergo their criminal proceedings.

Ask Congress to speak out against family separation and for a strong refugee resettlement program!