Template Comment for Legal Community - In Opposition to Proposed Asylum Ban - Due March 27, 2023

Aug 30, 2026

Template for pro bono attorneys and legal community members to draft unique public comments opposing a U.S. government Notice of Proposed Rulemaking issued Feb. 23, 2023, titled “Circumvention of Lawful Pathways.” It explains the Administrative Procedure Act’s requirement for material issues and uniqueness, provides guidance to individualize submissions, and outlines suggested sections covering impacts on asylum protections, comment-period concerns, refugee law obligations, technology-gated access via CBP One, lawful-pathway limits, realities in Mexico and transit countries, and due process and counsel access.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages10

Reading Time4 min

AccessFree to download

Introduction and overview of the Rule

Objection to limited 30 day comment period

Concerns re international and domestic refugee and asylum law obligations

Concerns regarding the CBP One app and making asylum access contingent on access to technology

New limited lawful pathways are not a replacement for asylum access at the border

Realities of asylum access in Mexico and other transit countries

Compromised due process and access to counsel

Template Comment for Legal Community In Opposition to Proposed Asylum Ban DUE Monday March 27, 2023 HYPERLINK "https://www.federalregister.gov/documents/2023/02/23/2023-03718/circumvention-of-lawful-pathways" \h Access the Proposed Rule here *** This document, prepared by the National Immigrant Justice Center (NIJC), provides a template and starting place for pro bono attorneys and other members of the legal community to draft comments opposing the Notice of Proposed Rulemaking (NPRM) issued by the U.S. government on February 23, 2023, entitled HYPERLINK "https://www.federalregister.gov/documents/2023/02/23/2023-03718/circumvention-of-lawful-pathways" \h HYPERLINK "https://www.federalregister.gov/documents/2023/02/23/2023-03718/circumvention-of-lawful-pathways" \h Circumvention of Lawful Pathways (“Rule”). This Rule threatens to undermine asylum protections for generations to come — recycling previously enjoined asylum bans to severely restrict access to asylum and harm refugees seeking to enter the United States at the southern border. Comments to the Proposed Rule are HYPERLINK "https://www.federalregister.gov/documents/2020/06/15/2020-12575/procedures-for-asylum-and-withholding-of-removal-credible-fear-and-reasonable-fear-review" \l "open-comment" \h HYPERLINK "https://www.federalregister.gov/documents/2020/06/15/2020-12575/procedures-for-asylum-and-withholding-of-removal-credible-fear-and-reasonable-fear-review" \l "open-comment" \h due at 11:59 pm ET on March 27, 2023. Submit your comment online HYPERLINK "https://www.regulations.gov/commenton/USCIS-2022-0016-0001" \h HYPERLINK "https://www.regulations.gov/commenton/USCIS-2022-0016-0001" \h here; we encourage you to upload your comment as a PDF. The Administrative Procedure Act requires that when promulgating rules, federal agencies must give members of the public the opportunity to provide comment on proposed rules and must consider all issues and comments provided that raise a “material” issue. See 8 U.S.C. § 553(c); Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U.S. 519, 553–54 (1978). To trigger mandatory review, each comment must be unique. For this reason, it is very important to individualize your comment, NOT merely copy and paste from this template. Suggestions for areas where you might include your own analysis, anecdotes, or input are highlighted in yellow. You may include some or all of the suggested sections, or create your own new ones; do not feel bound by the structure presented here! Some ideas for unique input include: anonymized client stories (please do not share any identifying information about a client); assessment of compliance with the Administrative Procedures Act, U.S. and international law, and the U.S. Constitution; citations to case law, journal articles, scientific studies, or investigative and human rights reports that elucidate important issues the Departments failed to analyze; and inquiry into the practical implementation of these changes for asylum seekers, attorneys, and adjudicators. You do NOT have to write in your official capacity (e.g., as an employee of your law firm) in order to make an impact. Your training, analysis, and interest suffice to produce valuable comments. However, a submission on behalf of your firm or organization highlighting your pro bono practice may also highlight expertise that will strengthen the comment process. Topics included in this template (hyperlinked): HYPERLINK \l "nqy8oaocp5ng" \h Introduction and overview of the Rule HYPERLINK \l "llik2y14fslk" \h Objection to limited 30 day comment period HYPERLINK \l "9x4s84z06pj6" \h Concerns re international and domestic refugee and asylum law obligations HYPERLINK \l "68qnivid189o" \h Concerns regarding the CBP One app and making asylum access contingent on access to technology HYPERLINK \l "rh77wty3n7s" \h New limited lawful pathways are not a replacement for asylum access at

FAQs

What is the purpose of this template document?

It provides a starting point for drafting pro bono public comments opposing a proposed asylum ban rule that restricts access to asylum.

When are comments due, and how should they be submitted?

Comments are due by 11:59 pm ET on March 27, 2023 and can be submitted online via the regulations.gov comment portal.

Why must each comment be unique?

Because the Administrative Procedure Act and related legal requirements require agencies to consider material issues, and uniqueness helps trigger mandatory review and strengthens the record.

Which topics are suggested for inclusion in the comment?

Suggested sections address asylum and refugee-law obligations, the limited comment period, technology-gated access via CBP One, the insufficiency of new lawful pathways at the border, transit realities, and due process and access to counsel concerns.

Aug 30, 2026

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