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NETWORK Lobby invites you to join your Lent 2022 journey with ours. Our weekly Lenten lesson includes reflections and a video series on individual bias and racism and racist policy built into the US tax code

Lent 2022: Lent Calls us To Recognize Our Limits

Lent 2022, Week 2: Lent Calls us To Recognize Our Limits

This Sunday’s Gospel, the Transfiguration, offers a vivid account of the disciples being shown what was hidden from them, the divine reality of Jesus’ identity. We too must strive to recognize the divine in every person and learn to reverence them and their stories in ways that reflect and honor the truth embedded in them. 

View other 2022 Lenten Reflections: Ash Wednesday | Week 1 | Week 3 | Week 4 | Week 5 | Week 6

Sr. Erin Zubal, OSU
March 11, 2022

Watch Tax Justice For All – Week 2 (at 7:47)

In this week’s reflection we’ll explore inequities and racist policies embedded in our tax structures with individual and family scenarios. I encourage you to reflect on financial issues like college savings and student loan debt, and how they impact communities disparately. For instance, student debt and slower income growth are among drivers of the growing racial wealth gap.

More than 84% of college-educated Black households in their 30’s have student debt, up from 35% three decades ago, when today’s Baby Boomers were the same age. The amount of debt has also soared higher. Yet, many older people assume that today’s young adults have the same advantages they did and should have no problem achieving the similar success.

Questions for reflection:

  1. What are privileges I enjoy in my life without fully appreciating it?
  2. When have I avoided seeing or recognizing the suffering of another person?
  3. How does it make me feel, emotionally and physically, to realize the depth of the disadvantage or injustice faced by another person?
  4. What keeps me from recognizing God in every person?

Thank you to NETWORK Grassroots Mobilization team members Sr. Emily TeKolste, SP and Colin Martinez Longmore for leading us through these lessons. We’ll watch more together next week!

Lent calls us to repent

In Lent, God challenges us to let go of pride and recognize our limits and our dependence on the divine. When we fast during Lent, we seek to escape the limits of our experience by being in solidarity with those who go without food and feeling the pain of hunger even briefly. But we also need to recognize the limits of our perspective and life experience in other areas.

When we only experience our own background and its privileges, it’s easy to assume that everyone is like us. In many ways, I had to become a social worker providing direct service in the county jail to realize what I had taken for granted growing up as a middle class white woman in Ohio. Those early years as a social worker, and then as an educator, formed and shaped me to be a better woman religious, social worker, and educator who could name and understand her privilege. Pope Francis preaches integral ecology, which is the recognition that we are all interconnected. This recognition should extend to our neighbors we can’t see. Especially those pushed into the margins in ways we don’t understand and are disadvantaged by our very laws and policies.

Good and gracious God, as we prepare ourselves to share in the joy of Easter, open our hearts and minds. Help us to see what we would rather not see, especially the suffering caused by the injustice of systemic racism. Help us reflect on these painful realities and see them for what they are. Help us to avoid despair and to move from reflection to action, galvanized by your Spirit. Grant us the courage to speak out and the clarity to cooperate with your grace in building the world anew. Amen. NETWORK Prayer to Move from Reflection to Action
NETWORK Lobby invites you to join your Lent 2022 journey with ours. Our weekly Lenten lesson includes reflections and a video series on individual bias and racism and racist policy built into the US tax code

Lent 2022: Lent Calls us to Individual and Communal Repentance

Lent 2022: Lent Calls us to Individual and Communal Repentance

View our Lenten Reflections: Ash Wednesday | Week 1Week 2Week 3 | Week 4 | Week 5

Joan Neal
March 4, 2022

Lent calls us to repentance. It calls us individually and as a community. Sometimes it can be difficult to see our individual failings. Sometimes they’re right in front of us, whether we like it or not. It can be even harder to see our collective failings.

But Robert P. Jones of the Public Religion Research Institute (PRRI) has unearthed and distilled one collective failing that should distress justice-seekers in the United States. Studying public opinion data year after year, he has found that white Christians are consistently more likely than religiously unaffiliated whites to deny the existence of systemic racism.

This disturbing fact is a driving force behind next month’s NETWORK-sponsored event, “White Supremacy and American Christianity,” featuring Dr. Jones, Father Bryan Massingale of Fordham University, and Dr. Marcia Chatelain of Georgetown University.

But as we look forward to that event and prepare ourselves for the joy of the Resurrection at Easter, it is appropriate that we hone our capacity to recognize systemic racism and to be equipped to act in response to it. As writer, activist, and NETWORK board member Leslye Colvin puts it, “We can’t have reconciliation when you are unwilling to do your own work, as painful and difficult as it is for you.”  As Dr. Jones points out, this is work that Christians, particularly white Christians, must do and Lent is an opportune time to do it.

“We can’t have reconciliation when you are unwilling to do your own work, as painful and difficult as it is for you.”  ~Leslye Colvin, writer, activist, and NETWORK board member
So for the next six weeks, we will explore systemic racism in a form truly obscured from our view in a system we take for granted: the U.S. tax code. We will do this by intentionally working our way through the NETWORK resource Tax Justice for All, which pinpoints inequities and racist policies embedded in our tax structures.

While Lent and taxes may seem like an unusual combination, the reality is summed up by comedian and commentator John Oliver: “If you want to do something evil, put it inside something boring.”

And so it’s incumbent on us to learn. If we can’t see it, how can we ever repent and make amends? So I encourage you to watch the introduction to this resource and begin to wrestle with the questions below. To confront systemic racism, we must move from reflection to action. And that begins with understanding this reality.

Watch the Introduction to NETWORK’s Tax Justice For All Experience

Watch the first 7 minutes and 45 seconds of the Tax Justice for All workshop to learn from NETWORK Grassroots Mobilization team members Sr. Emily TeKolste, SP and Colin Martinez Longmore why it is so important to learn about the inequities embedded in the U.S. tax code. Next week, we’ll watch more together!

Questions for reflection:

  • What are privileges I enjoy in my life without fully appreciating it?
  • When have I avoided seeing or recognizing the suffering of another person?
  • How does it make me feel, emotionally and physically, to realize the depth of the disadvantage or injustice faced by another person?
Good and gracious God, as we prepare ourselves to share in the joy of Easter, open our hearts and minds. Help us to see what we would rather not see, especially the suffering caused by the injustice of systemic racism. Help us reflect on these painful realities and see them for what they are. Help us to avoid despair and to move from reflection to action, galvanized by your Spirit. Grant us the courage to speak out and the clarity to cooperate with your grace in building the world anew. Amen. NETWORK Prayer to Move from Reflection to Action
President Biden in front of a microphone

Centering Solidarity and Healing for Our Democracy

Centering Solidarity and Healing for Our Democracy

A Response to President Biden’s 2022 State of the Union
Mary J. Novak
March 3, 2022

President Biden in front of a microphoneIn his 2022 State of the Union, President Joe Biden addressed people across the country who are anxious and weary as Vladimir Putin threatens the use of nuclear force in his quest for more power and the COVID-19 pandemic continues to shatter a sense of normalcy, claiming close to one million lives in this country alone. President Biden named the pain felt by families and recommitted himself to supporting policies that benefit all families and communities. This vision is grounded in his faith, which prioritizes community and solidarity over individualism and greed. He illuminated a path forward for our national community, marked by dismantling long-standing racist policies and building both a vibrant economy that prioritizes shared prosperity and a truly representative, multi-racial democracy.

Shaping an Economy Rooted in Solidarity

In this time of increasing economic stratification, President Biden spoke forcefully about the need to reorient our economy with a new economic vision built on respecting and protecting the rights of workers and putting people over profits. Given rising costs facing families, his statement: “Capitalism without competition isn’t capitalism. It’s exploitation” likely resonated with many listeners. We know that ensuring jobs pay a living wage is one of the most effective ways we can uphold the dignity of work. I appreciated hearing the President’s call to raise the minimum wage and for the Senate to pass the PRO Act to protect workers’ right to unionize.

Building Anew and Protecting the Sacred Right to Vote

President Biden’s commitments to advancing just policies in NETWORK’s Build Anew policy areas are deeply rooted in the faith values of solidarity, community, respecting the rights of workers, and caring for creation; they include strengthening our democracy and voting rights; making our tax code more just; and, investing in communities by expanding the Child Tax Credit, affordable housing, and healthcare for all. NETWORK strongly supports these efforts to build a more justice union and looks forward to partnering with the Biden administration to achieve these goals. Together, we still have a great amount of work to be done, including passing the Freedom to Vote Act and the John Lewis Voting Rights Act, but we know it is possible by working together.

Confirming a New Supreme Court Justice

Another important step for protecting the rights of everyone in our county will be the Senate voting to confirm Judge Ketanji Brown Jackson, President Biden’s nominee to the Supreme Court Justice. The NETWORK community celebrates Judge Jackson’s nomination and the perspective she will bring to the highest court because of her years of service on the federal district court of D.C. and D.C. Circuit as well as her formative service as a public defender.

Defending the Lives of Immigrants and Asylum Seekers

While we commend President Biden clear commitments to advancing just policies for our economy and democracy, we continue to call on the President to be bold in his defense of asylum seekers at our nation’s Southern border. The President was mindful in his speech about the importance of welcoming refugees fleeing Ukraine. Likewise, we call on the President to meet that mission here. Pope Francis has said each person seeking refuge “has a name, a face and a story, as well as an inalienable right to live in peace and to aspire to a better future.” We ask President Biden to take heed of those words and end the cruel and unjust policies that he is perpetuating at the border, and end detention and deportation.

President Biden, our nation’s second Catholic President, often credits the Jesuits and Catholic Sisters with keeping his faith strong. The vision he laid out in his State of the Union reflects a roadmap to rebuilding solidarity, based in encounter. As President Biden said “We can’t change how divided we’ve been. But we can change how we move forward—on COVID-19 and other issues we must face together.”  If we want to rebuild the soul of the nation, we must rebuild it together, with a broad embrace of our human family.

From the Factory Floors to the Halls of Congress, the Call for Unionization is Growing

From the Factory Floors to the Halls of Congress, the Call for Unionization is Growing

Gina Kelley
March 2, 2022

After decades of inadequate labor laws and declining union membership, the labor movement is gaining traction. Initially titled “Striketober”, the swell of strikes and contract negotiations have finally reached Capitol Hill.

Sparked by the viral anonymous Instagram account “Dear White Staffers” which shares horror stories of working in Congress, the call for labor reform is in the halls of the Capitol. The account calls specific attention to the obstacles faced by people of color on the Hill. Congress has not escaped the pay and treatment disparities that harm people of color across the country.

Studies have shown that white staffers make about 8% more than Black staffers because Black staffers are rarely hired into high-level positions. The account has become a megaphone for what was previously one of the worst kept secrets in Washington: Working on the Hill often means low pay, poor treatment or harassment, and burnout.

The folks who answer the call of public service in the efforts of committing themselves to the common good. They choose this occupation with hopes and ambition of working hard and making a difference. Instead, the broken system inside the Capitol spits many of them back out into the private sector, where they can make more money on a normal schedule.

Staffers on both sides of the aisle call out the hypocrisy of their employment practices. Republican legislators wage war against subsidies but pay their employees so little they have no choice but to utilize food stamps and Medicare. In contrast, Democratic lawmakers promote progressive labor policies and call for a celebration of diversity in the workplace but fail to implement equitable pay and hiring practices in their own offices. It seems dissatisfaction is bipartisan. One report of 516 respondents found 47% of staffers struggle to pay bills, 68% are unhappy with their compensation, and 85% believe Congress is a toxic work environment.

Congress currently operates with each office and committee run individually. This means there are more than 535 “employers” on the Hill with no unified hiring practices, paid leave policies, salary structures, or human resource departments. Even with previous legislative attempts to modernize Congress as a workplace, bills like the Congressional Accountability Act have failed to create adequate systems to support a safe and healthy work environment.

We work with Congressional offices to advance legislation that promotes the common good and we proudly support their efforts to unionize. In that commitment, we signed onto the Staffer’s letter to Congressional Leadership in support of their effort to unionize. Our commitment to equitable labor reform is a central part of our mission and is embodied in our efforts to pass key legislation like the Public Service Freedom to Negotiate Act and the Protecting the Right to Organize Act. We know that we cannot live out our faith and mission if we do not root ourselves in solidarity with workers and hear their lived experiences.

Despite statements of support from Democratic Leadership and the introduction of a Resolution by Representative Andy Levin, the future of a Congressional Union is unknown. What is clear is that the movement for workers’ rights is growing. From factory workers to television workers to congressional staffers the message is clear: Enough is enough.

Diane Nash: Civil Rights Leader of My Generation

Diane Nash: Civil Rights Leader of My Generation

Nita Clarke
February 25, 2022

As I watched the evening news with my parents and saw reports on the Civil Rights activities of the early 1960s, human rights activist Diane Nash was coordinating peaceful sit-ins at segregated lunch counters in Nashville, Tennessee. The success of the sit-ins in Tennessee and North Carolina, along with her participation with the Freedom Riders, would bring Nash to the forefront of the student campaign of the Civil Rights Movement and her co-founding of the Student Non-Violent Coordinating Committee (SNCC).

As we stand on the shoulders of those who came before us, we must continue their stride for equality because we have not reached that gateway yet. “Freedom, by definition, is people realizing that they are their own leaders,” Nash said. As a member of my generation, her story resonates with my own and challenges me still.

Diane Nash in Louisville, Kentucky, February 1963, Carl and Anne Braden Papers, WHS

As the product of a military family, living most of my childhood on military bases, I experienced overt racism only when visiting or traveling to my southern roots in Louisiana. Diane Nash was born in 1938 to a middle-class Catholic family and raised in Chicago. “Because I grew up in Chicago, I didn’t have an emotional relationship to segregation. I understood the facts and stories, but there was no an emotional relationship,” she later noted.

Nash chose to attend Howard University in Washington, D.C. but after one year transferred to Fisk University in Nashville, Tennessee, where she would experience the intensity of Jim Crow laws and the efforts of Black people to gain their equal rights. She was furious but used her anger against segregation to become a renowned activist.

While travelling to my tiny hometown of Opelousas, Louisiana, my family met with racism at motels, restaurants, and gas stations as we motored across country from Army Base to Army Base. My parents would trade off driving all night long to avoid having to search for a hotel that welcomed Black people. They also packed lunches in a cooler to avoid trying to find a restaurant that would serve us. When having to stop for gas, we were forced to either use the filthy restrooms for “coloreds” or stopped alongside of the highway while my father stood guard.

“Diane, you’ve gotten in with the wrong people!” Nash’s grandmother said to her about her affiliation with the Civil Rights Movement. But Nash was not only affiliated with the movement, she had become a leader. She encouraged the students in Nashville to protest the segregated lunch counters by sitting peacefully in seats, while being beaten, where paying white customers would usually sit.

The Student Non-Violent Coordinating Committee (SNCC), co-founded by Nash, was also founded in 1960 because of the student sit-ins and became the major channel of participation for the students in the Civil Rights Movement. Members of the SNCC worked closely with other major organizations such as the National Advancement of Colored People (NAACP), the Congress of Racial Equality (CORE), and Martin Luther King’s Southern Christian Leadership Conference (SCLC). Nashville became the first southern city to desegregate lunch counters in the United States.

Nash would meet and marry James Bevel, a Minister as well as a Civil Rights Activist, in 1961. They would have two children. In 1961, Nash was arrested for “contributing to the delinquency of minors,” because she led young people in the fight against segregation. She would be arrested many times including spending 30 days in jail in South Carolina and once while she was six months pregnant.

On May 1, 1961, 13 activists joined together to plan one of the most dangerous challenges to segregation; the Freedom Riders, a non-violent protest designed to end segregation on interstate buses and in bus terminals. The protesters began in Washington and traveled throughout the South on Greyhound and Trailway buses. When the buses were burned and the Freedom Riders beaten by white mobs, the Nashville Student Central Committee was alerted, and Diane Nash led the new group.

Because of the violence that the Freedom Riders were subjected to, Attorney General Robert Kennedy objected to the protests and had his assistant, John Seigenthaler, speak to Nash directly. Nash explained that the Freedom Riders were well aware of the dangers they faced and had even written their wills, in case they died on one of the rides, and given them to Nash.

In 1963, after the bombing of the church in Birmingham, Alabama, and the death of four little girls, Diane Nash and her husband took on the issue of voting rights. Nash was also a member of the committee that promoted the passage of the Civil Rights Act of 1964. Today, at 83 years of age, Nash still advocates for fair housing in Chicago, where she works in real estate. All of these issues are still with and demand our urgent attention and participation today.

Nita Clarke is a Black Catholic writer who attends St. Peter Claver Catholic Church in Lexington, Kentucky.

Celebrating a Black Woman Supreme Court Justice – A Justice for Our Times

Celebrating a Black Woman Supreme Court Justice – A Justice for Our Times

NETWORK Lobby for Catholic Social Justice, the National Black Sisters Conference, and the Leadership Conference of Women Religious
February 23, 2022

As Catholic women, rooted in our faith’s call to love one another and see God in every person, we strongly support the Biden administration’s promise to nominate a Black woman to the United States Supreme Court. The Supreme Court, the highest court in the land, is the final arbiter on the most consequential legal issues governing our country and our society. The Supreme Court decides issues of law ranging from immigration to our criminal legal system, civil rights to healthcare. For that reason, it is imperative that the Court reflect the diversity of our country in order to act in a fully informed, deliberate way and arrive at sound decisions. In light of the renewed attacks on voting rights and racial progress we see today, it is even more critical to nominate a Justice who is committed to upholding the rule of law and the Constitution for this generation and the generations to come.

We also applaud the number of incredibly qualified Black women from different legal backgrounds who are ready to serve on the Supreme Court. The three most often cited potential nominees – Judge Ketanji Brown Jackson, Justice Leondra Kruger, and Judge J. Michelle Childs – are all highly qualified to serve on the Supreme Court. Each of these judges has both the background and judicial record to make them eminently qualified to join the other justices on the Court. Moreover, Supreme Court justices should possess good judgment, keen analytical skills, flexibility, and the ability to relate to the lives of everyday people and families in the United States – all people and families in the United States. Any of the potential nominees under consideration from the Biden administration would bring this combination of skills and experience to the Court.

We vigorously reject the comments of those who have already questioned the future nominee’s qualifications as racist and sexist. We must name and reject the racist and sexist narratives at play in this explicit and outright dismissal of the nominee’s qualifications before her name and record have even been made public. No such comments were heard when Presidents Reagan and Trump announced their intentions to appoint a woman to the Supreme Court and followed through on that promise. Clearly, the only conclusion that can be drawn about these current comments is that the objection is about the race of the potential nominees – hardly a valid reason to reject them.

This historic appointment will contribute to making the Supreme Court more representative of the people of the United States – all of the people.  Of the 115 justices on the Supreme Court since its creation in 1789, 108 have been white men, including five of the nine currently serving, and none have been Black women. Increasing the Supreme Court’s racial diversity and expanding the professional backgrounds of the justices will improve decision-making on the bench and increase public trust in our courts. We the People encourage and support President Biden in his choice.

In this moment, the signs of the times cry out for us to build the beloved community here on Earth. Every person, no matter their race, origin, religion, or immigration status, has God-given dignity and deserves to be heard at the ballot box and respected in their home, workplace, and community. In faith, we will keep working to create a truly representative and inclusive multi-racial democracy.

‘White Too Long’ Details Why Christians Should Be Uncomfortable With History

‘White Too Long’ Details Why Christians Should Be Uncomfortable With History

Laura Peralta-Schulte
February 22, 2022

As I write from my home in Arlington, Virginia, newly elected Governor Glenn Youngkin has opened a “hotline” for parents of school-age children and teens to report teachers for teaching lessons that make students feel “uncomfortable.” Under the guise of stamping out “critical race theory” in public schools, Youngkin has radically politicized the classroom.

I wonder how my former high school teaching colleagues, who are required by law to teach about slavery, the use of violence to control slaves, and later freed Black persons, are faring. Do they worry that a student –- or their parents -– may be uncomfortable with lessons on the freedom riders or the beating of John Lewis at the Edmund Pettus Bridge?

Robert P. Jones’s book, “White Too Long: The Legacy of White Supremacy in American Christianity” provides valuable insight into what is happening in Virginia and other states. The attempt at erasing history, replacing it with a sanitized restoration of a “golden age” is all too familiar. While the role of white supremacy is well documented in political and economic historical analysis, less understood is the primary role religion played to maintain white power and white institutions. Whatever the new governor says, it really should lead to white discomfort.

Jones, a Southern, white Christian who founded the Public Religion Research Institute (PRRI), traces the historical record of white supremacy in white Christian churches from the beginning of the colonization of America and institutional slavery, through the use of Bible texts and racist structures moving through our founding period before and during the Civil War.

He details how politicians supporting slavery served as church leaders legitimizing their standing in the community. Churches were dependent on contributions from slaveholders who used their wealth to fund the construction of churches as well as seminaries to teach the next generation of church leaders.

After the defeat of the Confederacy, white Christianity adapted both its theology and structures enabling it to spread from the Southern Christian churches to become mainstream throughout white Christian and Catholic churches in the latter half of the 20th Century.

From the creation post-Civil War of individualist theology, which insists that Christianity has little to say about social injustice, shielding white consciences from the evils and continued legacy of slavery and segregation, to the use of religious and cultural symbols honoring leaders of the Confederacy in an attempt to whitewash slavery, white Christian leaders bare responsibility for “damage to those who live outside the white Christian canopy.”

Jones ultimately challenges white Christians to live into their call for justice both to redeem relationships with those who suffer oppression and to claim their own humanity.  His book is a must-read particularly for those of us who are white and who want to do the work of racial justice and racial healing. We need an unvarnished telling of the many ways white supremacy has infected white churches. May this book disturb us in order to imagine and work towards dismantling and healing of our collective past.

Hear more from Robert P. Jones at NETWORK’s upcoming event, “White Supremacy and American Christianity” April 9 at 12:30 PM Eastern. Register for the event here.

Tragedy of Amir Locke’s Death Demands Action from Our Elected Officials

Tragedy of Amir Locke’s Death Demands Action from Our Elected Officials

Min. Christian S. Watkins
February 18, 2022

On February 2, 2022, yet another Black person in the United States, 22-year-old Amir Locke, was shot and killed by the police. Amir Locke died with two wounds in the chest and one in the right wrist while lying on a couch just after 6:45 AM as Minneapolis Police Department and SWAT team members conducted a ‘no-knock’ warrant raid. Locke was not the subject of the warrant, and he should still be alive today. For how long must we wait for comprehensive policing systems reforms while Black and Brown lives lie in the wake?

This is yet another occurrence of police in the U.S. utilizing tactics that deny human dignity and sacred worth. Minneapolis was also home to George Floyd, who died while a police officer’s knee was placed on his neck for over 9 minutes, and Philando Castille, who was killed during an unwarranted traffic stop. Nationwide pleas for justice and meaningful change in the wake of Floyd and Castille’s deaths have seemingly gone unheard, unmet, unaddressed, as policing reform negotiations failed on Capitol Hill. Our elected officials on Capitol Hill and across the country must not fail to act now.

Cornell Law defines a “no-knock warrant” as, “A search warrant authorizing police officers to enter certain premises without first knocking and announcing their presence or purpose prior to entering the premises. Such warrants are issued where an entry pursuant to the knock-and-announce rule (i.e., an announcement prior to entry) would lead to the destruction of the objects for which the police are searching or would compromise the safety of the police or another individual.”

The ’no-knock’ raid that resulted in the death of Amir Locke is similar to what transpired with Breonna Taylor two years ago in Louisville, Kentucky. Ms. Taylor was an EMT who was shot and killed in her home during the execution of a no-knock warrant, of which she was not the intended focus. There is an ever-growing divide between law enforcement, local and federal government officials, and the public trust given the lack of action and transparency following so many deaths of Black people across the country at the hands of police.

Following Breonna Taylor’s death, activists have advanced  Breonna’s Law to end to the use of no-knock warrants, at the local, state, and federal level. However, more concrete steps and substantive legislation need to be enacted to make these changes real.

In solidarity with Amir’s parents, Andre Locke and Karen Wells, we ask for policing reform negotiations to resume, and for President Biden to include a federal ban on no-knock warrants as well as reforming the harmful 1033 and 1122 programs in his anticipated Executive Order on policing reform. As Democratic Senators Schatz, Wyden, Baldwin, Smith, Sanders, Brown, Van Hollen, Warren, Markey, and Casey recently wrote in a letter to President Biden, “Militarized law enforcement increases the prevalence of police violence without making our communities safer.”

A more perfect Union must establish justice in order to provide domestic tranquility, promote the general welfare, and secure the blessings of liberty that should be afforded us all. Congress and President Biden can – and must – implement these federal reforms to create a country where everyone, no matter our color, origin or gender, is safe and our human dignity is respected.

Unnecessary and Harmful: The Security Bars and Processing Rule

Unnecessary and Harmful: The Security Bars and Processing Rule

Ronnate Asirwatham
February 17, 2022

While the preposterous Title 42 expulsion policy and ‘Remain in Mexico’ policy continue at the border, we are very concerned that the Biden Administration would install yet another Trump Era policy – Security Bars and Processing Rule.

In December 2020, one of the Trump Administration’s last acts on immigration was to propose the Security Bars and Processing Rule to go into effect in 2021. This rule would label asylum seekers a “danger to the national security of the United States” merely because they transited through or come from a country with a communicable disease, or exhibit symptoms “consistent with” such disease. This is ANY communicable disease ranging from the flu, to cholera, to HIV AIDS — not just COVID-19. Under the rule, covered asylum seekers would be barred from refugee protection in the United States. Which violates both U.S. law and international treaty obligations; all but ensuring their deportation to persecution or torture.

The Biden administration extended the period of comment in 2021 so that it didn’t go into effect then. However, now it is closing the comment period on February 28th, and advocates fear that the administration will then work to make the rule permanent.

A plethora of experts have already highlighted grave concerns that this rule is both fatally flawed and “xenophobia masquerading as a public health measure.” In their comments leading public health experts, including at the Columbia Mailman School of Public Health and Johns Hopkins School of Public Health and School of Nursing, found no public health justification for this sweeping ban. In a comment submitted by Physicians for Human Rights, Dr. Monik Jiménez of Harvard Medical School concluded that the targeting and classification of asylum seekers as a public health threat is “not based on sound epidemiological evidence.” Médecins Sans Frontières/Doctors Without Borders, a humanitarian organization with 50-years’ experience responding to disease outbreaks, characterized the rule as “counterproductive” and noted that “public health measures work best when they are inclusive. They fail when vulnerable people, like migrants and asylum seekers, are excluded.”

As the African Human Rights Coalition commented, the rule “exacerbates racist tropes and myths of immigrants as carriers of disease.” Deeply rooted in eugenics, this ideology echoes throughout this rule. Many LGBTQ groups and HIV advocacy and treatment organizations also expressed alarm that the rule, similar to the discriminatory immigration ban on individuals living with HIV that was finally lifted by the Centers for Disease Control and Prevention (CDC) in 2010, would discriminate “against individuals on the basis of immigration status [and the] countries in which the person has lived or traveled” and would put particularly vulnerable populations such as “women, people from the LGBTQ+ community, and people from ethnic or religious minorities at risk.”

The rule violates U.S. law and treaty obligations, including those adopted by Congress through its passage of the Refugee Act of 1980. The Congressional Hispanic Caucus stressed in its comment that the rule would have “devastating and senseless consequences” for asylum seekers and violate the clear intent of Congress, “reiterated over and over for four decades,” “that the United States provide a meaningful and fair path to protection for those fleeing persecution.” The American Bar Association and the Round Table of Former Immigration Judges, a bipartisan group of dozens of former immigration judges, similarly objected to the rule as inconsistent with domestic and international law.

We urge the administration to withdraw this unjustifiable, illegal, and harmful rule. The Departments have repeatedly paused the rule’s implementation due to ongoing litigation against a related regulation and as they are “reviewing and reconsidering” the rule and “whether to modify or rescind” it. The Departments now request comment on whether to further delay implementation. Ample time to study the legality and impact this baseless ban would have on asylum seekers has already elapsed. There is no need for additional delay. The administration can and must swiftly and completely rescind the rule.

Comment here to join our call for the Administration to rescind the Security Bars and Processing Rule.