Stated Clerk of the PC(USA)’s General Assembly signs on to amicus brief in Supreme Court case about asylum seekers

The Rev. Jihyun Oh, Stated Clerk of the General Assembly and Executive Director of the Interim Unified Agency of the Presbyterian Church (U.S.A.), has signed on to an amicus brief for a United States Supreme Court case on immigration. The case, Department of Homeland Security v. Al Otro Lado, concerns the constitutionality of the “turn back” policy enacted by the first Trump administration, in which U.S. agents turned away those seeking asylum at the U.S.-Mexico border.

An asylum seeker is a person who has fled their home country and seeks protection in another country due to fear of persecution or serious harm. Their refugee claim is decided through legal systems in the country where they seek protection. In the United States, a person must be on U.S. soil to initiate their asylum claim.

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In a statement of interest supporting the brief, Oh said, “This brief is consistent with the long-standing policies of the General Assembly regarding immigration, asylum seekers, and persons in temporary status seeking asylum. The Presbyterian Church (U.S.A.) has continuously affirmed the rights and dignity of refugees and asylum seekers.”

The case was originally filed in 2017 by Al Otro Lado, a legal and humanitarian rights organization for immigrants, based on the claim that the Department of Homeland Security’s (DHS) actions toward asylum seekers at the border was a violation of asylum law and due process. The policy was later rescinded by the Biden administration in 2021 and has been inactive since that time.

While it is not uncommon for cases to take a long time to come before the Supreme Court, legal experts working on this case say its process has been particularly lengthy and circuitous, a reality that mirrors the experiences of many immigrants working through the U.S. immigration system. After nine years, the Supreme Court is set to hear oral arguments in the case next month. The current administration is eager for the Supreme Court to hear the case in hopes of a ruling that will further cement the administration’s authority with regard to immigration policy.

An amicus brief — or amicus curiae, meaning “friend of the court” — is a legal document that can be filed by outside parties in support of one side of a court case, offering specialized information or particular arguments. The brief signed onto by the Stated Clerk was filed by the Kairos Center for Religions, Rights, and Social Justice and was signed by a coalition of more than 30 religious leaders and organizations representing Judaism, Islam, Hinduism and numerous Christian denominations including Baptists, Methodists, Episcopalians, Lutherans, Quakers and more.

The brief was one of nine filed on Tuesday, Feb. 17 in support of Al Otro Lado’s case, and offers arguments rooted in the clear commitment to welcoming immigrants expressed across multiple faith traditions. Other amicus briefs included support from lawmakers, legal experts, and former government officials, among others.

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The PC(USA) has a long history of public statements and, as noted in the Stated Clerk’s statement, General Assembly policies supporting immigrants, asylum seekers, and refugees.

In 1947, the Presbyterian Church (US) published a statement saying, “No policy of government is either right or wise that denies help to the homeless and hungry ... world-wide relief and re-habilitation [resettlement] are an essential part of the gospel.” These values have been reiterated and further enshrined in explicit policy positions dozens of times by various general assemblies in the nearly 80 years since.

In 1988, the Office of the General Assembly recommended the establishment of an Advisory Committee on Litigation (ACL). Since that time, the committee— made up of six members of PC(USA) governing bodies who are also generally attorneys — has advised the Stated Clerk with regard to participation in litigation related to matters of civil and religious liberty. The ACL evaluates invitations to participate in litigation, via amicus curia or otherwise, alongside a list of criteria, and then advises the Stated Clerk on how to proceed.

The Stated Clerk is the senior ecclesiastical officer of the denomination and is tasked with ensuring that the policies established by the church’s General Assembly are upheld and carried out by the various ministries of the denomination, both internally and in public life. The Stated Clerk does not speak for the denomination as a whole but can make public statements in the name of their own office and on behalf of the General Assembly, in accordance with its policies.

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While this is the first amicus brief onto which Oh has signed as Stated Clerk, her predecessor the Rev. Dr. J. Herbert Nelson II, signed onto more than a dozen during his tenure as Stated Clerk, the majority of which concerned U.S. policies on immigration and refugees.

Oh has participated in several public actions regarding immigration protections since beginning her tenure as Stated Clerk in 2024. Earlier this month, she signed on to an ecumenical letter to the U.S. Congress calling for humane immigration policies in relation to the DHS budget.

Reflecting on the decision to sign on to this amicus brief, Oh said, “Each person in discipleship to Jesus Christ is called to discern how to live out their faith in action within the world. The General Assembly of the PC(USA) has also discerned over time how best to offer a communal witness to God's love and justice. The Presbyterian Church (U.S.A.) has continuously affirmed the rights and dignity of refugees and asylum seekers with long-standing policies of the General Assembly, and I am honored to sign, with the guidance of the GA Advisory Committee on Litigation, this amicus brief.”