By Marcia Sowles
On Feb. 17, the Church of the Brethren joined with 30 other denominations and faith organizations in filing an amici curiae brief in the Supreme Court in support of the plaintiffs in Noem v. Al Otro Lado, No. 25-5. The case is challenging the Department of Homeland Security (DHS) authority to prevent individuals from filing for asylum at ports of entry (download the brief at https://share.google/MmMFbgVI08xuiwuie).
Other denominations and faith groups joining the brief include the Episcopal Church, the United Methodist Church, the Presbyterian Church (USA), the Evangelical Lutheran Church, the Friends Committee on National Legislation, the Unitarian Universalist Association, and the General Synod of the United Church of Christ.
The case focuses on DHS authority to prevent individuals from entering the United States at ports of entry to file for asylum. In the case, plaintiffs are challenging a DHS interpretation of 8 U.S.C 1158(a)(1), which states that “[a]ny alien who is physically present in the United States or who arrives in the United States…may apply for asylum.” DHS has interpreted the language “arrives in the United States” to mean that the individual must step across the border. Under that interpretation, an individual stopped right at the border is not eligible to apply for asylum.
The Ninth Circuit Court ruled in favor of the plaintiffs, and the government appealed. If the Supreme Court reverses the Ninth Circuit Court decision, DHS could drastically limit the right of individuals to seek asylum. It would effectively allow the United States to refuse asylum to all asylum seekers outside the United States who seek to enter lawfully at a US border, which would have devastating consequences for the hundreds of thousands of people who flee persecution and war and seek refuge in the United States. Oral argument is scheduled for March 24.
In the brief, the amici explain that they “unite to voice their shared moral truth to ensure our asylum laws are not interpreted in a manner anathema to their purpose and history.” The brief provides an interfaith perspective on (1) the shared moral principles and faith traditions that underlie asylum; and (2) the historical origins of asylum law, particularly to the extent they intersect with religious traditions or the importance of providing protection to those fleeing persecution.
The interfaith brief was coordinated by the Kairos Center for Religion, Rights and Social Justice. Hogan Lovells is representing the amici pro bono. Other amici briefs have been filed by the US Conference of Catholic Bishops, HIAS, Amnesty International, and other human rights organizations, a bipartisan group of former officials of the DHS, the State Department and the Department of Justice, a group of immigration law professors, and a group of US House representatives.
— Marcia Sowles is an attorney volunteering as a Policy and Governmental Affairs associate in the Church of the Brethren Office of Peacebuilding and Policy in Washington, D.C.
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