Human Rights on Capitol Hill – April 2022 Newsletter

The Biden administration’s Apr. 1 announcement on the termination of Title 42 expulsions marks a victory for asylum-seekers and their allies. For two years, the U.S. government misused Title 42 to expel over 1.6 million Black, Brown, and Indigenous asylum-seekers at the border. Amnesty welcomes the repeal of this unlawful and unnecessary policy, but the U.S. government must do more to ensure the human right to seek asylum is respected in the United States. We call upon Congress to continue to press the Biden Administration to restore full access to asylum without delay.

Amnesty is deeply disappointed by provisions in the FY22 omnibus which increase funding for Immigration and Customs Enforcement (“ICE”) and expand so-called “alternatives to detention” that still criminalize, surveil, and harm immigrant communities. FY23 is this Congress’ last chance to put forth an appropriations bill that cuts funding for ICE and Customs and Border Protection (“CBP”) and reinvests in real community needs.

While we commend the recent designations of Afghanistan and Ukraine for Temporary Protected Status (“TPS”), we are dismayed by the Biden administration’s failure to grant TPS for Cameroon, a Black-majority country ravaged by armed conflict. Congress should demand the Biden administration grant TPS for Cameroon and provide life-saving protection to over 40,000 Cameroonians in the U.S.

Amnesty International welcomes the passage of the reauthorization of the Violence Against Women Act (“VAWA”) within the FY22 omnibus, particularly historic provisions that restore tribal criminal jurisdiction over non-Native perpetrators of sexual violence against Native women. Native women experience rape at over twice the national average rate, and of those who have experienced sexual violence, 96 percent have experienced sexual violence by at least one non-Native perpetrator. Tribal courts will now be able to exercise jurisdiction over non-Native perpetrators of sexual violence. This is a critical step in the right direction to better preventing sexual violence against Native women.

While much of the developed world is now vaccinated against COVID-19, less than 15 percent of people in low-income countries have received their first dose. Amnesty is concerned with reports that a compromise reached for a World Trade Organization (“WTO”) TRIPS waiver for COVID-19 products would limit eligible countries and exclude much-needed waivers for tests and treatments. As Amnesty and others have emphasized, it is critical that intellectual property waivers are not limited to vaccines. Congress must continue to press the Biden administration to ensure low and lower-middle income countries have equitable access to COVID-19 vaccines, tests, and treatments.

Recent threats to UK nonprofit Hong Kong Watch signal the ever-expanding effort of the Hong Kong government to use the draconian national security law  (“NSL”) to limit free expression within and outside of the region. The NSL asserts jurisdiction over people who are not residents of Hong Kong, including those who have never even set foot there. Members of Congress should ensure that U.S. Consul General to Hong Kong and Macau Hanscom Smith raises the Hong Kong Watch case with local officials and coordinates with UK and other governments to mitigate the NSL’s use as a tool for transnational repression.

Amnesty is grateful to 46 House members who signed a Mar. 14 letter to Secretary Austin urging him to improve Department of Defense policies to prevent and respond to civilian casualties caused by U.S. military force. In recent years, Amnesty has documented a sharp increase in civilian casualties caused by U.S air strikes in Syria, Somalia, Iraq, and Afghanistan. Congress should continue to press the Pentagon to report back on its forthcoming Instruction, Center of Excellence and Civilian Harm Mitigation Response Action Plan, which should respond to the important lessons learned from recent conflicts, take major steps to improve civilian protection, and acknowledge and provide assistance to those harmed.