The “One Big Beautiful Bill Act” now before the Senate takes the current preoccupation with making every governmental relationship transactional to an immoral extreme. It puts a $1,000 price tag on the right to seek asylum — the first time the United States would require someone to pay for this human right.
The Universal Declaration of Human Rights holds that “everyone has the right to seek and to enjoy in other countries asylum from persecution.” U.S. law incorporates that right, stating that “any alien … irrespective of such alien’s status, may apply for asylum.” Neither makes this right contingent on being able to pay.
Bear in mind that asylum seekers in the United States do not have the right to court-appointed attorneys. That means the system already profoundly disadvantages indigent asylum seekers — they can’t afford a lawyer, often don’t speak English and have no road map for navigating arcane immigration law.
The new law would make asylum even more inaccessible for a poor person, in effect, creating two classes of those seeking refuge here. Those wealthy enough to pay $1,000 up front would have their protection claims heard; those unable to pay would be shunted back to face persecution and the problems that drove them from their home countries to begin with.
If this part of the bill isn’t modified before its final passage, Congress will have piled on to the obstacles the Trump administration has already put in place to block the right to seek asylum. On Inauguration Day, President Donald Trump proclaimed an invasion of the United States by “millions of aliens” and “suspend[ed] the physical entry of any alien engaged in the invasion across the southern border.” Until the president decides the “invasion” is over, the order explicitly denies the right of any person to seek asylum if it would permit their continued presence in the United States.