Immigration has emerged as a defining issue in this year’s U.S. presidential election, driven by a surge of migrants seeking asylum at the southern border, many of who were bussed to Democratic-led states by the Texas governor.
Since 2022, more than 201,000 asylum seekers have passed through New York City, with an estimated 64,000 remaining under the city’s care. As voters consider their options, many are wondering what a Kamala Harris administration would mean for asylum. While Harris, the Democratic nominee, has yet to release specific policies addressing the increase in asylum seekers, her stance on the issue as a senator and vice president stands in stark contrast to that of her opponent, Donald Trump.
Also Read: What Happens To Migrants and Asylum Seekers if Trump Becomes President?
From co-sponsoring the NO BAN Act during her term as a U.S. senator from California to leading diplomatic efforts with Central America during her time as vice president, her record offers clues to what her approach might be if she wins the presidency.
As a newsroom devoted to covering the immigrant population in New York, we asked our Spanish-speaking readers what they are most concerned with regarding the upcoming election. Fifty-two percent of 170 respondents said they need more information about what will happen to asylum. (To learn more about our work with Spanish readers, visit our community on WhatsApp.)
Harris as Senator: Outspoken advocate for immigrant rights
During her tenure as U.S. senator from California, Harris opposed many of President Donald Trump’s policies that were detrimental to asylum, including zero tolerance, which led to family separation, and Migrant Protections Protocols, also known as remain in Mexico.
She was also the original co-sponsor of the NO BAN Act. The proposal was a counter response to Trump’s travel ban (also referred to as the Muslim ban), which limited the entrance of nationals from seven Muslim countries who were seeking protection in the U.S. “We can’t turn our backs on the millions of refugees who are contributing to our country and our economy,” Harris said in 2017.
What would a Harris administration mean for asylum?
Harris’ record as a vice president on asylum is very limited. While the Republican party has labeled Harris as the Border Czar to blame her for the recent increase of border encounters in the southern U.S. border, Harris’ role during the Biden administration primarily focused on addressing the root causes of migration in Central America.
On August 22, at the 2024 Democratic National Convention, Harris mentioned fighting for strong border security and bringing back a recent bipartisan immigration bill that was believed to have died at Trump’s request.
“The bipartisan immigration bill – for whatever reasons it failed – was an unnecessary and dangerous effort to normalize deterrence-based measures instead of practical solutions proven to work. Americans need real proposals that recognize the value of investing in access to safe and legal pathways for immigration and address the root causes of migration abroad,” Marlene Galaz, Director of Immigrant Rights Policy at the New York Immigration Coalition, said.
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The bill in question would have increased the standard for being able to claim asylum while also expediting the cases for those who qualify and sending back those who do not meet the initial screening requirements at the border. Another provision of the bill would enable the administration to deport migrants “who enter between ports of entry without permitting them to apply for asylum,” once border encounters reach a daily average of 4,000 over a period of seven days.
Brian Manning, a political asylum lawyer and former government asylum officer, said Harris mentioning the likelihood of supporting the bill could be a way of letting voters know that the Biden administration had the answer to the border and that Trump rejected it.
“She could change her mind, as she has done on various issues during the campaign. She could change her mind once she is in office,” Manning said. He added that while her administration would focus on strengthening borders and asylum, the measures won’t be as restrictive as Trump’s proposals . “In the past she has made it sound like she is treating asylum as the right to seek asylum as a universal human right.”
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