WASHINGTON, D.C. — Given attorney general nominee William Barr’s record and statements on immigration, senators should ask tough questions in this week’s confirmation hearings.
During his previous term as U.S. attorney general under President George H.W. Bush, Barr took steps to limit the availability of asylum and expand the detention of asylum seekers, most notably detaining thousands of Haitians fleeing political unrest. Barr has also praised former U.S. Attorney General Jeff Sessions for “attack[ing] the rampant illegality that riddled our immigration system” by ramping up immigration enforcement, a policy that undermined community trust and harmed public safety. Barr was also a vocal defender of the Trump administration’s travel ban that primarily impacts visitors from majority-Muslim countries.
“We have a series of questions and concerns regarding Mr. Barr’s nomination for U.S. attorney general,” said Ali Noorani, Executive Director of the National Immigration Forum. “As attorney general in the early 1990s, Mr. Barr consistently attempted to block asylum seekers and refugees from seeking safety and stability in the U.S., and adopted an enforcement-only approach to immigration that threatens to undermine community trust. The Senate Judiciary Committee needs to ask the clear, tough questions that bring his intentions to light.”
Those questions include the following:
- How would Barr ensure that individuals in our immigration court system receive their day in court and ensure that families and children fleeing violence in their home countries receive due process?
- Would Barr enforce civil rights and anti-discrimination laws on behalf of immigrants discriminated against on the basis of religion, immigration status or national origin? Will he work to halt administration policies that discriminate on the basis of religion, immigration status or national origin?
- Is Barr committed to ensuring that those with valid asylum claims receive their day in court? Does Barr still support the mass detention of asylum seekers? If so, what steps would Barr take as attorney general to ensure families and children are held in adequate conditions?
- Under former Attorney General Jeff Sessions, the U.S. Department of Justice increasingly sought to charge immigration offenders criminally, including adopting a “zero-tolerance” policy that led hundreds of families to be separated. Does Barr support continuing these policies, even for those who otherwise pose no threat to public safety?
- Will Barr reverse guidance from Sessions that placed aggressive case quotas on immigration judges while limiting the discretion of immigration judges to manage their dockets? Does Barr intend to reverse Sessions guidance that virtually foreclosed relief to victims of domestic violence and gang violence?
- Will Barr continue to pursue federal policies targeting so-called sanctuary jurisdictions, including policies that federal courts have held to be unlawful, like unilaterally attaching new grant conditions to federal funding or withholding grant funding entirely?
“The attorney general is responsible for upholding the sanctity of the Constitution and standing up for the rule of law,” Noorani said. “The Constitution guarantees due process for immigrants as their cases are adjudicated, and federal law affords asylum seekers the ability to pursue their cases. We all benefit when the federal government works to encourage community trust and public safety. The confirmation process must address all of these concerns to ensure that our attorney general will uphold the principle of equal justice under the law for everyone.”