Brooklyn Defender Services (“BDS”) submits this comment in response to Circumvention of Lawful Pathways, a Notice of Proposed Rule (“NPRM”) published on February 23, 2023 by the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, “the Departments”). For the reasons set forth below, BDS firmly opposes the NPRM in its entirety. If implemented, the NPRM would eviscerate the right to asylum by imposing unlawful manner of entry and transit bans on refugees entering the United States via the southwest border. These measures revive unlawful and racist plans created by the Trump administration and betray the Biden administration’s commitment to strengthening the US asylum system. BDS urges the Departments to rescind the unlawful NPRM in its entirety.

View the full public comment here.