amicus curiae brief

Turning away asylum seekers meant they “suffered predation from gangs, malnutrition, and inadequate shelter, and some lost their lives. Blessing the government’s reading of the INA — and thereby opening the door to reinstatement of the turnback policy — would therefore be a moral disaster, not just a legal error,” the bishops wrote.

“It is unsurprising that care for refugees has been a cornerstone of the Church’s teachings since its founding: Catholics believe refugees reflect the image of Christ and deserve the utmost charity. Even a sovereign state’s power over its borders cannot abridge this fundamental duty of care — which, at the very minimum, requires that nations not put asylum seekers at even more risk of harm when they arrive at the border asking for relief,” the bishops wrote.

Asylum seekers, to qualify, must be present in the United States and must be fleeing imminent persecution based on religious, political, or racial discrimination, according to the Department of Homeland Security. Seeking asylum for economic reasons is not an acceptable criterion, DHS says.

Supporters of DHS’ position say that