Immigration bill floated during shutdown debate could slam door on persecuted church
Ryan Brown and Myal Greene
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As Christian advocates for victims of persecution around the world, we understand clearly the importance of secure borders: We never want the terrorists, criminals, or authoritarian actors that harass and sometimes martyr fellow Christians around the world to be able to do the same in the United States. But some are seeking to leverage negotiations over selecting a new speaker of the House of Representatives to pass into law a bill that, while purporting to secure the border, could actually slam the “golden door” on persecuted Christians and others “yearning to breathe free.”
H.R. 2, narrowly passed by the House of Representatives in May, seemed dead upon arrival in the Senate. Seeing a leverage point, some members of Congress insisted upon its inclusion in any bill to keep open the federal government and avoid a shutdown. When Rep. Kevin McCarthy (R-CA) passed a short-term budget deal that did not include the bill, it became one of the rationales for his ouster — and some are now seeking pledges of support for H.R. 2 as a sticking point in their vote for a new speaker of the House.
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Border Patrol and other parts of the Department of Homeland Security certainly need significant new resources, technology, infrastructure, and personnel in order to improve border security. But H.R. 2 would go well beyond halting immigrants from entering the country unlawfully and evading apprehension: It would dramatically restrict due process for those seeking asylum, including those persecuted for their faith.
Among many other elements, the bill curtails the use of an app that allows those seeking asylum to do so without ever crossing the U.S.-Mexico border unlawfully. It restricts long-standing administrative authority to parole people facing urgent humanitarian needs into the country lawfully, which has recently been used for large numbers of Afghan allies of the U.S. military and Ukrainians fleeing the Russian invasion. It codifies and expands troubling regulatory changes that deny asylum to those who had to transit through a third country to reach the United States. And it would restrict churches and other nonprofit organizations at the border from receiving federal funds to provide asylum-seekers with temporary shelter, food, and transportation to the destination where they’ve been ordered to appear in court.
These changes are troubling because, as a newly updated report from Open Doors U.S. and World Relief demonstrates, asylum has long been a lifeline for those denied religious freedom abroad. Decades ago, as we realized the error of returning Jewish immigrants seeking refuge to Europe, where many were killed in the Holocaust, our country committed to not returning someone who can demonstrate a well-founded fear of persecution on account of their religion, race, political opinion, or other specific factors.
To be sure, the current asylum process is dysfunctional. Many who profess a fear of persecution at the border are allowed into the U.S. after screening but are then forced to wait an average of roughly four years for a final decision on their case, which, more often than not, is an order of deportation.
But a significant minority of asylum-seekers who received court decisions last year did ultimately qualify for asylum. Among those from the 50 countries where Christians face the most severe persecution, most (61%) successfully persuaded a judge that their fear of persecution was well founded. Blunt efforts such as H.R. 2 would deny due process and return many such asylum-seekers to danger.
Our report highlights the realities of a Honduran youth pastor who was threatened with death for drawing youth to Jesus and away from criminal gangs. Pastor Douglas was granted asylum in 2019, but he likely would’ve been found ineligible if H.R. 2 had been in effect. We note Afghan Christians who fled the Taliban’s brutal repression of religious minorities whose only access to the U.S. was via the U.S.-Mexico border. Many who are awaiting the adjudication of their cases would likely be ineligible for asylum if H.R. 2 were to become law and could be deported to potential martyrdom.
These changes could not come at a worse time because the persecution of Christians is increasing dramatically. Currently, 1 in 7 Christians globally (360 million people) live under the threat of persecution. Not all will come to the U.S., but for some, the U.S. is their only beacon of hope.
That does not mean that every person who reaches the U.S. border should be allowed to stay. It does mean that we must take care to ensure due process, erring on the side of protecting human life. Bipartisan proposals such as the Dignity Act, which would dramatically increase border security funding and ramp up asylum adjudication capacity, are worthy of consideration.
Truly, a solution is needed — however, H.R. 2 is not it. As Americans, we can do better. We invite those who would desire to again see America as a beacon of hope for those persecuted for their faith to join us in opposing this bill.
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Ryan Brown is the president and CEO of Open Doors U.S. Myal Greene is the president and CEO of World Relief.