The U.S. asylum system has long treated different nationalities differently; Title 42 was the latest reminder of need for greater attention
with the Biden administration announcing late last week that it would rescind the controversial policy. This means that asylum seekers from everywhere will be afforded the opportunity to seek protection again under regular immigration rules beginning May 23.
It’s good that our government tried to be responsive and provided an exemption for Ukrainian asylum-seekers as they fled the terror brought into their homeland by the Russian invasion. It was just last Friday that Morrissey reported there were hundreds of desperate Ukrainians at the entrance to the San Ysidro Port of Entry in Tijuana waiting to request protection.
As U-T reporters chronicled in the Returned series two years ago when they analyzed 10 years of court outcomes in asylum cases, there have historically been disparities in the asylum process based on nationalities. Thethat asylum seekers from China and Somalia, two countries that have long histories of human rights violations, are near the top of the list for grant rates, ranking two and three.
The reasoning behind Title 42 — that it was supposedly intended to slow the spread of COVID-19 — has always been suspect, and it consistently drew questions from not only asylum advocates who argued it preyed on xenophobia, but from public health experts and federal judges who alsoIt also was functionally inconsistent. The way it was used underscores that, but also reflects how our system has historically operated in an inconsistent and potentially discriminatory manner.
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