Adam Isacson

Still trying to understand Latin America, my own country, and why so few consequences are intended. These views are not necessarily my employer’s.

Categories

Get a weekly update in your email




Migration

Families that get expelled, or not, at the border

Here’s a chart showing, by nationality, whether Customs and Border Protection (CBP) has been deciding to process migrant families at the U.S.-Mexico border, or whether it has been deciding to expel those families under the “Title 42” pandemic order.

When the Trump administration promulgated Title 42 in March 2020, Mexico agreed to take back many expelled migrants from El Salvador, Guatemala, and Honduras, as well as others who have Mexican visas.

The Biden administration is expelling fewer families, but your chances of getting an opportunity to seek asylum remain reduced if your family is from Mexico or Central America’s Northern Triangle.

Weekly Border Update: July 23, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here

Key trends from June migration data

On July 16, just after we posted last week’s update, Customs and Border Protection (CBP) published statistics detailing its encounters with migrants at the U.S.-Mexico border during the month of June 2021. The agency reported a 4.5 percent increase in migrant “encounters” from May to June. As we noted last week, this is only the third time this century that migration in the scorching-hot month of June has increased over May.

In all, 188,829 migrants were “encountered” in June: 10,413 at the official land ports of entry, and 178,416 between the ports of entry where Border Patrol operates. This would appear to be the fifth-largest monthly total this century, and the most since 2000.

However, pandemic border measures in effect since the Trump administration have complicated comparisons. The “Title 42” policy, under which most undocumented migrants are swiftly expelled, usually into Mexico (104,907 times in June), has greatly eased repeat attempts to cross the border, so there is a lot of double, triple, and quadruple-counting. “Being expelled carries no legal consequences, so many people try to cross multiple times,” the Associated Press explains.

A large number of “encountered” migrants—34 percent of them in June—are so-called “recidivists”: individuals whom CBP has already encountered in fiscal 2021. (This is a very high recidivism rate: according to CBP’s 2022 budget request, this rate was 12 percent in 2016, 11 percent in 2017 and 2018, 7 percent in 2019, then jumped to 26 percent in 2020.)

With so many repeat crossers, the actual number of people crossing the border is far smaller—in fact, much smaller than we had expected. CBP’s release accompanying the June migration numbers explains, “The number of unique new encounters in June 2021 was 123,838. [That is far less than 188,829.] The number of unique individuals encountered to date during the fiscal year is 454,944 compared to 489,760 during the same time period in 2019.”

If that last sentence is truly accurate, then the number of individual migrants so far this year is less than half the number of encounters (1,119,204), and fewer than it was at this point in 2019. Here is that remarkable data point expressed as a graphic:

When Border Patrol encountered migrants between the ports of entry, it used Title 42 authority to expel them 58 percent of the time, the lowest percentage since the pandemic measures went into place.

When those migrants were single adults, Title 42 expulsions happened 84 percent of the time, down from over 90 percent during the Trump years. As most “recidivist” border crossers are single adults, this population has grown nearly fivefold since Title 42 went into place. June 2021 was, however, the first time since the pandemic began that the monthly number of single adult encounters declined.

After two months of declines in April and May, the number of encounters with families and unaccompanied children increased in June, though not to the high levels experienced in March. The Biden administration is not expelling children who arrive unaccompanied, and has gradually reduced expulsions of the number of family members: 16 percent of encountered family members were expelled in June, down from 40 percent in March.

Some of the reduction in expulsions may have to do with migrants’ unusual nationalities. Recent months have seen notable increases in migrants from neither Mexico nor the Northern Triangle: 26 percent of all Border Patrol encounters in June, and 44 percent of encounters with families, were with citizens of these “other” countries. For the second straight month, Ecuador was the number-four country of origin of migrants encountered at the border, edging out El Salvador. Migration from Nicaragua and Haiti continued to increase rapidly in June, while Mexico declined.

Migrants continued to arrive in greater numbers in unusual, remote sectors of the U.S.-Mexico border. Border Patrol’s Del Rio sector, a very rural area that is roughly the geographic center of Texas’s border with Mexico, was the June destination for more than half of Cubans, more than two-thirds of Haitians, about a fifth of Hondurans, and two-thirds of Venezuelans. The Yuma sector, in southwest Arizona, was the June destination of three in five Brazilians and a third of Cubans.

In these remote sectors and elsewhere, Border Patrol continued to report encountering large groups of migrants during the past week. About 300-400 migrants, mostly Haitian citizens, arrived at a gate in the border wall near Del Rio, Texas on July 19. These are not people fleeing Haiti after the July 7 assassination of President Jovenel Moïse: sources tell us that most are Haitians who emigrated some time ago to South America, where the pandemic has caused employment opportunities to dry up.

Unaccompanied child arrivals are increasing again

CBP’s June data showed an 8 percent increase in arrivals of unaccompanied migrant children at the border from May to June, from 13,892 to 15,018—which is still significantly less than the 18,723 kids encountered in March. But the upward trend of unaccompanied child encounters is continuing—and perhaps accelerating—into July.

The “Unaccompanied Children Daily Reports” produced each weekday by CBP and the Department of Health and Human Services (HHS) showed an average of 480 children newly arriving each day during the week of July 11, the highest weekly average since the week of April 18. The first four weekdays of this week (of July 18) have averaged 552 new children per day, which if sustained would be the largest weekly average since late March, when CBP and HHS began furnishing daily records.

Once in CBP custody, the children are processed and handed over as quickly as possible to the HHS Office of Refugee Resettlement, which manages a shelter network around the country that is currently augmented with some rustic emergency facilities. As of June 30, CBP reports, children were being handed off to HHS within 28 hours. Once in HHS shelters, children are to be placed with relatives or other sponsors residing in the United States, with whom they will stay while their asylum or protection cases are adjudicated.

HHS has had difficulty in 2021 discharging children fast enough to keep up with arrivals of new children. As of July 21, 14,278 children were in its shelter network, nearly identical to the 14,661 in HHS custody on June 21. The agency has not been able to increase the pace of its discharges since late May.

As a result, comparing weekly averages using available CBP and HHS reports, it appears that, since the week of July 11, the population of children in U.S. government custody has begun to grow again, after 11 weeks of consecutive decreases.

Pandemic border controls remain in place

July 21 was the latest monthly deadline for the Department of Homeland Security to decide whether to extend restrictions on “non-essential” travel at the United States’ land borders with Mexico and Canada. That day, a Federal Register notice informed that U.S. ports of entry will remain closed to most travel and traffic for a 17th straight month, through August 21. U.S. citizens and legal permanent residents will be able to enter the United States from Mexico, but Mexican citizens—including those with tourist visas—remain prohibited (unless they arrive via air).

The decision comes despite frequent negotiations between the U.S. and neighboring governments, and pleas from border-area political leaders. It is based largely on concerns about spread of the COVID-19 delta variant, which has caused a sharp increase in U.S. coronavirus cases, mainly among the unvaccinated population. “Officials on both sides have talked about the importance of bringing vaccination rates into parity,” the El Paso Times reported. According to Border Report, “The U.S. is reportedly demanding at least a 75-percent vaccination rate in Mexican border cities such as Tijuana. There are also reports the U.S. will not allow people from Mexico who have been vaccinated with the Chinese or Russian versions of the vaccine.”

Media reporting, noted in earlier updates, had indicated that the Biden administration might begin lifting some Title 42 restrictions, perhaps ending expulsions of asylum-seeking families, by the end of July. This is not happening: due to concerns about COVID-19 variants, plans to end expulsions are “in flux.” Although the administration faces ACLU-led litigation to halt expulsions of asylum-seeking families, and although the UNHCR has publicly criticized the practice, and despite a July 21 Capitol press event at which Democratic House members called for its end, Title 42 will remain in place, even for families.

DHS remains uncommunicative about plans for the future of the expulsions policy. Rep. Henry Cuellar (D-Texas), who represents a Texas border district, told the New York Times that “he had called the C.D.C. [Centers for Disease Control and Prevention] about it, and the agency told him he should call the Department of Homeland Security, which then sent him back to the C.D.C. He said he recently spoke with agents on the border, and they said they still had not heard anything about when the rule will be lifted.”

Some political speculation contends that the Biden administration, despite strong denials insisting that Title 42 is a public health measure, is maintaining the policy in order to avert the political fallout of an even greater increase in migration. An unnamed “former U.S. official who worked on Biden’s transition team” told the Washington Post that President Joe Biden himself is “‘super concerned’ about the political ramifications of the tumult at the border. ‘He knows the damage this can do and what a gift this is to Republicans.’”

Texas is now arresting migrants on its own

In Texas, where Gov. Greg Abbott (R) has declared a state of emergency citing increased migrant arrivals, state law enforcement agencies have begun arresting migrants. While state police cannot enforce federal immigration law, Texas’s Department of Public Safety (DPS) and some county sheriff’s offices have started to arrest and jail migrants on charges of “trespassing” or “criminal mischief,” misdemeanors punishable by up to a year in prison in Texas.

In Val Verde County, the border county that includes Del Rio, police arrested three migrants for trespassing on July 20. They were sent to the Briscoe Unit state jail in Dilley, a town between San Antonio and Laredo where Immigration and Customs Enforcement (ICE) established a family detention facility during the Obama administration. “The number of detainees is expected to grow rapidly,” the Texas Tribune reports. “The Val Verde county attorney predicted about 50 arrests of immigrants a day, ramping up to as many as 200 daily by August.”

The use of trespassing charges is complicated, the Wall Street Journal explains: “District attorneys and county lawyers in border counties said trespass arrests must be based on complaints from landowners and must be arraigned by local judges and justices of the peace, who typically release the arrestee on a personal-recognizance bond.” Nonetheless, Texas has set up a tent facility at the Val Verde county fairgrounds, where officials plan to process the migrants whom they arrest. Val Verde County Attorney David Martínez told the Texas Tribune that he would seek a “time served” sentence for most of those arrested, probably after each spends about 10 days in the Dilley jail awaiting trial.

Migrants would then be handed off to ICE, which would deport or expel them. It is not clear whether this process would afford arrested migrants any opportunity to ask for asylum or protection in the United States.

Texas counties that see large amounts of migration, like El Paso and those in south Texas’s Rio Grande Valley region, are not participating in Gov. Abbott’s emergency plan. Local leaders say that they have seen similar recent increases in migration, for instance in 2014, 2018, and 2019, and that they do not regard the current increase to be an emergency.

Nonetheless, Gov. Abbott has sent about 1,000 Texas DPS personnel—about a quarter of all state police—to the border. He has also ordered construction of a state “border wall.” Fox News reported on the first 1.5 mile stretch of “wall,” built near the Rio Grande in Del Rio; it is an eight-foot chain-link fence topped with barbed wire.

“Unless this chain link fence is built exactly along the US-Mexico boundary, it is highly likely that it stands feet, yards or even miles away from the border,” tweeted Rep. Veronica Escobar (D-Texas), who represents El Paso. “If that’s the case then migrants arriving at the fence are already on American soil and have the right to request asylum.”

Links

  • Federal district court judge Andrew Hanen ruled that then-president Barack Obama exceeded his authority with a 2012 executive action that created the Deferred Action for Childhood Arrivals (DACA) program. DACA halts deportation and provides work authorization for undocumented young people who were brought to the United States as children. The decision by Hanen, a George W. Bush appointee, does not change the status of 800,000 current DACA beneficiaries, pending the Biden administration’s appeals to higher courts—for now at least—but it halts all new DACA applications. It is the outcome of a lawsuit brought by Texas’s Republican Attorney-General. “Unless Congress steps in with a legislative remedy, the ultimate legality of DACA is almost certain to be decided by the Supreme Court,” according to the New York Times.
  • The mayor of border town Reynosa, in Mexico’s Tamaulipas state, has given the town’s largest migrant shelter, the evangelical-run Senda de Vida, until the weekend of July 24 to shut down. The municipal government says it is complying with an order from the binational International Boundary and Water Commission (IBWC), which has found that the shelter, after 14 years of existence, is built too close to the Rio Grande. The immediate deadline for the shelter’s demolition comes from the mayor’s office. If it is met, the fate of 600 migrants—most of them expelled by Title 42—is far from clear.
  • “We identified one case in which the medical unit examined a sick detainee but did not send the detainee to the hospital for urgent medical treatment, and the detainee died,” reads an alarming DHS Inspector-General report about an unannounced inspection visit to ICE’s Adams detention facility in Natchez, Mississippi.
  • Maritime migration from Cuba mysteriously stopped after the historic protests that began on the island on July 11, Coast Guard and other federal sources tell the Miami Herald.
  • Sen. Ron Wyden (D-Oregon), chairman of the Senate Finance Committee, is holding up the confirmation hearing for Chris Magnus, the Biden administration’s nominee to be CBP commissioner. Wyden is demanding that DHS first provide detailed information about the Trump administration’s controversial deployment of border and other federal personnel to Portland, Oregon to put down protests in mid-2020.
  • The U.S. Army Corps of Engineers and its contractors began “remediation” or cleanup work at Trump-era border wall construction sites in Arizona. This work did not involve the addition of any new fencing. Workers “would instead focus on activities such as filling open trenches, cleaning up debris, grading unfinished maintenance roads and cutting and capping conduit,” the Arizona Republic reported.
  • A U.S. Government Accountability Office (GAO) report found that ICE “arrested 674, detained 121, and removed 70 potential U.S. citizens from fiscal year 2015 through the second quarter of fiscal year 2020.”
  • Long read: Bloomberg’s Simon Van Zuylen-Wood meets Tommy Fisher, the North Dakota-based builder whose company received several of the Trump administration’s border wall construction contracts. Fisher spent $30 million building a private 3-mile stretch of fencing on the bank of the Rio Grande in south Texas, hoping to sell it to a federal government that, since Joe Biden’s inauguration, is not interested in buying it.
  • Long read: “Migration—including the record number of unaccompanied children—is on the rise in rural areas, as an increasing portion of the country’s land and population faces the fallout from climate change,” reports Sabrina Rodríguez from Guatemala in Politico.
  • President Biden at a July 21 CNN “Town Hall” meeting, apparently conflating asylum with refugee admissions: “What we’re trying to set up is, in the countries like in—and particularly in the Northern Triangle—Guatemala, Honduras, El Salvador, et cetera—we are setting up in those countries: If you seek asylum in the United States, you can seek it from the country, from your—in place. You can seek it from an American embassy. You can go in and seek and see whether or not you qualify. We’ve significantly increased the number of officers who can hear cases as to whether or not you qualify under the law for being here as a refugee.”

Weekly Border Update: July 16, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here

In U.S. borderlands, 2021 may be the most lethal year for migrants in nearly a decade

A San Antonio television station obtained from Border Patrol the agency’s most recent count of migrant remains encountered on U.S. soil. Since 1998, Border Patrol has found the bodies of 8,258 individuals who perished of dehydration, exposure, drownings, animal attacks, and other causes while traveling through wilderness areas in an effort to avoid being apprehended. It is an enormous death toll for a phenomenon that receives such scarce attention.

So far in fiscal year 2021 (October 2020 through May 2021), Border Patrol reported finding 203 bodies. This is quite high given that the hottest and deadliest months of the year—June through September—remain to be counted, and that the U.S. southwest has been recording higher-than-normal temperatures. By the time fiscal 2021 ends, on September 30, this could end up being the deadliest year in Border Patrol’s data since at least 2013.

Since 1998, the sectors where Border Patrol has found the most remains have shifted geographically, from California to Arizona to southeast Texas, and now, increasingly, to south-central Texas. So far this year, Border Patrol has found the most bodies in its Del Rio sector, a vast unpopulated region between Big Bend National Park and Laredo. Border Patrol’s record for migrant apprehensions in Del Rio is 157,178, set in 2000. With four months left to report for fiscal 2021, the agency has already apprehended 118,314, including more than 20,000 each in March, April, and May. Many are from “unusual” countries like Venezuela, Haiti, Ecuador, and Cuba.

Border Patrol is the only entity keeping a national count of migrant deaths, but it “only counts those it handles in the course of its work,” the Guardian explains. Local organizations tend to find much larger numbers of dead in their home regions.

The Arizona-based group Humane Borders, mapping data from the Pima County medical examiner’s office, reported 43 bodies found in the state’s deserts in June. Not all necessarily died in June, “but at least 16 had been dead for just a day and another 13 for less than a week when they were found,” Humane Borders’ mapping coordinator, Mike Kreyche, told the Associated Press. During the first half of the 2021 calendar year, Humane Borders reports 127 sets of remains, way up from 96 during the first half of 2020. By contrast, Border Patrol reports finding only 22 remains in its Arizona sectors (Tucson and Yuma) since October 2020.

In Brooks County, Texas, about 80 miles north of where Texas’s Rio Grande Valley region borders Mexico, large numbers of migrants die while trying to circumvent a longstanding Border Patrol highway checkpoint. There, the county sheriff reports finding 50 bodies in calendar year 2021, more than in any full year since 2017. (Border Patrol reports finding 37 in the entire Rio Grande Valley sector since October 2020.) The Sheriff’s Office found 16 just in June, making this the worst June in Brooks County since 2012.

“We’re constantly having people dying,” Sheriff Benny Martinez told San Antonio’s KENS 5 TV station. “Do I sound a bit frustrated? Absolutely. Because I go through this all the time, every day, and people don’t seem to understand what’s occurring and it’s happening.”

A State Department spokesperson told CNN that the U.S. government is now running more than 30,000 radio advertisements per month in Central America, in Spanish and five Indigenous languages, in an effort to dissuade people from making the journey to the United States. This is up from 28,000 ads per month in the spring. The campaign is costing about $600,000 per month.

June border numbers increase over May

As of the morning of July 16, Customs and Border Protection (CBP) has not yet reported its encounters with migrants at the U.S.-Mexico border during the month of June. This is many days later than usual. However, a Department of Homeland Security (DHS) official shared some numbers with CNN’s Geneva Sands.

They show a modest overall increase over May in the agency’s encounters with undocumented migrants at the border. That is unusual: migration usually drops off a bit in June, the first of the peak hot summer months. In fact, migrant encounters have only increased from May to June twice before in this century: in 2017, as numbers recovered from a sharp drop after Donald Trump’s inauguration; and in 2020 after the initial shock of March 2020 COVID border closures.

According to CNN:

  • CBP’s encounters with migrants at the border—combining those apprehended by Border Patrol and the much smaller number who showed up at ports of entry—increased overall from 180,034 in May to 188,800 in June.
  • Family members increased from 44,639 in May to 55,805 in June.
  • Unaccompanied children increased from 14,158 in May to 15,253 in June.
  • Single adults decreased, from 121,237 in May to 117,742 in June.

These numbers represent encounters—the number of times U.S. border authorities came across an undocumented migrant—and not people. 34 percent of those apprehended in June had already been encountered once before during fiscal 2021, CNN reports. So the actual number of people apprehended in June was roughly one third lower than the “encounters” number would indicate.

This 34 percent “recidivism rate” shot upward during the pandemic, as the Trump and Biden administrations began using an old public health law to expel hundreds of thousands of migrants very quickly, with minimal processing (including asylum processing). While this “Title 42” policy has been a great hardship for asylum seekers, it has eased the process for those who seek to avoid being apprehended, as they can try to cross again quickly after being expelled.

Numbers of children and family members had been dropping in April and May, but now are up slightly. On July 13, Border Patrol reported apprehending 672 unaccompanied children—far higher than the previous 30 days’ average (436). As the Health and Human Services Department (HHS) has failed to increase the pace of its placements of children with relatives or sponsors in the United States, the population in the agency’s shelters has begun to grow again, exceeding 15,000 this week for the first time since mid-June.

In south Texas’s Rio Grande Valley (RGV) region, which is first in migrant “encounters” among Border Patrol’s nine sectors, numbers are increasing, the RGV Monitor reports:

The number of migrant families dropped off at the Catholic Charities of the Rio Grande Valley Humanitarian Respite Center, located in McAllen, is reaching record highs.

“The numbers have been up, they’ve been a little higher,” said McAllen Mayor Javier Villalobos.

City records indicate the number of migrants released at the shelter is exceeding the capacity of 600 more consistently since the end of May.

During the week of June 24 through June 30, U.S. Border Patrol dropped off a record number of 6,238 individuals seeking asylum at the respite center.

On June 25, alone, Border Patrol dropped off 1,202 people at the center.

McAllen, Texas officials cited in the article voiced concern about whether U.S. authorities and the region’s shelters are prepared for an increase in asylum-seeking migrants that may result from an imminent lifting of the “Title 42” pandemic expulsions policy. As reported in last week’s update, the Biden administration may soon stop expelling asylum-seeking families. “If they just come drop off individuals there and the respite center can’t take care of them, I don’t know what’s going to happen,” Mayor Villalobos told the Monitor. “I think it’s going to be chaotic and I think we’re going to start having issues with people in the downtown area.”

(Image from the Rio Grande Valley Monitor)

The Catholic Charities shelter continues to test all migrants for COVID, which CBP does not do before dropping them off. Those who test positive are placed in 10-day quarantine in area hotels. “Over 900 migrants were placed in quarantine at area hotels on July 5,” the Monitor reported. Sr. Norma Pimentel, who manages the Catholic Charities shelter, said that the positive test rate among migrants has crept up from 4 percent to “maybe 6 percent or 7 percent.”

Despite the low positivity rate and the quarantines policy, in very controversial July 14 comments Sen. Ted Cruz (R) blamed migrants for rising positivity rates in south Texas. (The state abandoned mask mandates and other distancing measures a long time ago, and more than half of its population remains unvaccinated.)

Sen. Cruz was one of 28 Republican senators who sent President Joe Biden a July 14 letter asking him to keep the Title 42 policy in place until “the threat of COVID-19 variants is significantly reduced,” the administration has consulted with local authorities, and “policies have been implemented to bring the situation along the southwest land border under control.” The letter was led by Wyoming Sen. John Barrasso (R).

All Cubans and Haitians at sea will be turned back

“Allow me to be clear: if you take to the sea, you will not come to the United States,” DHS Secretary Alejandro Mayorkas said in a July 13 warning to Cuban and Haitian people considering fleeing both countries’ political turmoil. The Secretary, who was born in Cuba and brought to the United States as an infant when his family fled the island in 1960, gave comments at U.S. Coast Guard headquarters in Washington.

Migrants normally must be on U.S. soil to request asylum, and the Biden administration, like its predecessors during past so-called “rafter” events, is determined to deny those interdicted at sea the chance to do so. Even those who do get an initial asylum screening—which in the past has occurred after being brought to an offshore location like the Guantánamo Bay Naval Station in Cuba—will be “referred to third countries for resettlement.” Historically, CBS News reported, asylum seekers who have passed this credible fear screening “have been referred for resettlement in third countries like Australia.”

“It is disappointing to hear this from @SecMayorkas,” tweeted Rep. Gregory Meeks (D-New York), the chairman of the House Foreign Affairs Committee. “Asylum is asylum is asylum. Anyone who faces persecution should be allowed to apply for asylum in the United States.”

Since October, the U.S. Coast Guard has encountered 470 Cuban and 313 Haitian migrants at sea, Mayorkas said. In all of 2020, the Coast Guard encountered 49 Cubans and 430 Haitians.

Republican governors’ border deployments continue

In a series of small deployments discussed in last week’s update, at least seven Republican governors are sending National Guard or law enforcement personnel to Texas and Arizona border zones, at those Republican governors’ request.

Iowa Gov. Kim Reynolds (R) said on July 12 that 29 state troopers had arrived in Del Rio, Texas “a couple of days ago” and would remain for 16 days. “State officials have shared few details about the deployment, citing safety concerns,” the Des Moines Register reported. Iowa Sen. Joni Ernst (R) told reporters that Gov. Reynolds should provide information about what the troopers are doing. “I do support the governor’s efforts there, but since our taxpayer dollars are being spent on that, yes, we should have some accountability.”

Idaho Gov. Brad Little (R) held a roundtable with state law enforcement leaders “to discuss Idaho’s growing drug threat and the connection to the United States-Mexico border.” Little had sent five Idaho State Police investigators to Arizona in early July. Tennessee Gov. Bill Lee (R) visited Texas to meet National Guard troops from his state stationed there, mainly for a federal deployment that began in 2018.

At The Atlantic, Eric Schnurer worries that South Dakota Gov. Kristi Noem’s use of a private donor’s money to pay for her state’s National Guard border deployment is a glimpse into “America’s future” of increasingly privatized security.

Twelve Texas county sheriffs met with Texas Governor Greg Abbott on July 10. Sheriff Ray Del Bosque of Zapata County, which borders Mexico just west of the Rio Grande Valley region, said his department needs state resources as migrant numbers increase. Meanwhile, Gov. Abbott has transferred 1,000 inmates out of a South Texas prison so he can convert it “into a state-run jail for immigrants who cross the U.S.-Mexico border illegally,” the Texas Tribune reports.

While the National Guard has been sent to the border before, “their troops have essentially done busy work,” writes Jack Herrera at Politico. “In 2018, Arizona National Guard members deployed on the border were literally tasked with mucking out manure from the stables that held Border Patrol’s horses.” Syndicated columnist Ruben Navarrete, Jr. observes, “In 30 years of writing about immigration, I’ve interviewed many of these [Border Patrol] agents firsthand. Not once have I heard any of them ask for backup from state troopers or the National Guard.”

Links

  • The full House Appropriations Committee approved its 2022 Homeland Security budget appropriation by a party-line 33-24 vote. Last week’s update summarized what is in the bill, which reflects Democratic Party priorities.
  • More than 10,000 people requested asylum in Mexico in June. Six months into calendar year 2021, this is already Mexico’s second-largest year ever for asylum applications. In its largest year, 2019, Mexico had 31,481 asylum requests through June. This year it is already up to 51,654. At Telemundo, Albinson Linares talks to the director of Mexico’s refugee agency COMAR, who notes that current law forces most asylum applicants to await the backlogged system’s decisions in the southern state of Chiapas, one of Mexico’s poorest.
  • Texas-based Border Patrol agent Rodney Tolson Jr. signed a plea deal admitting that he took $400-per-person bribes to allow smugglers to bring undocumented migrants into the United States. Tolson would advise those who paid “which lane and time window to use for crossing through the checkpoint” in Laredo.
  • “Nearly everyone interviewed by the San Diego Union-Tribune shortly after being expelled to Tijuana said that they had tried crossing the border three or more times in recent weeks in hopes of getting in,” writes reporter Kate Morrissey. “One man, who declined to be identified, said he’d lost count of how many times he tried. He tossed out a guess—30.” (See the discussion above of how the Title 42 policy eases repeat crossings.)  The Pew Research Center meanwhile reported findings that between 2013 and 2018, the late-2000s trend of more Mexican migrants leaving than entering the United States had already begun to reverse: “An estimated 870,000 Mexican migrants came to the U.S. between 2013 and 2018, while an estimated 710,000 left the U.S. for Mexico.”
  • The Washington Post’s Kevin Sieff revealed that the Trump administration had actually started separating migrant families during its first months in office, many months before previously known. A secret CBP program began prosecuting asylum-seeking parents and taking their children from them in Arizona’s Yuma sector, starting in July 2017. “Some of the parents separated under the Yuma program still remain apart from their children four years later.”
  • The Biden administration is allowing a handful of the 945 asylum-seekers who got sent to Guatemala to seek asylum there, under the Trump administration’s now-defunct “safe third country” agreement with Guatemala, to apply for protection within the United States.
  • A JAMA Network Open (Journal of the American Medical Association-affiliated) analysis finds that “death investigation records identified violations of ICE’s [Immigration and Customs Enforcement’s] internal standards for delivery of health care in most of” 55 cases of detainees’ deaths in ICE custody between 2011 and 2018. “Unlike the Federal Bureau of Prisons, which received a federal allocation of vaccines, ICE has relied on states to provide doses to its network of more than 200 detention facilities,” reports Camilo Montoya-Galvez at CBS News. “Since each state sets distinct allocation priorities, the vaccination of ICE detainees has been inconsistent across the country.”
  • At Slate, Felipe de la Hoz characterizes the Biden administration’s immigration policy as a “dual approach of liberalizing the asylum system at home while making it more difficult for anyone to actually enter it.” This “reflects the longtime moderate Democratic id on immigration, which views humanitarian migration as a problem that can be solved humanely, but a problem nonetheless.”

WOLA Podcast: Aligning Policy with Reality at the U.S.-Mexico Border

I was in El Paso on June 28 and 29 with Joy Olson, WOLA’s former executive director. Joy went on to the Rio Grande Valley of south Texas, and to Tamaulipas across the border. We came away from that trip feeling saddened and outraged with some very strong opinions, which you can hear in the latest WOLA Podcast. It’s a lively one.

The .mp3 file is here. And here’s the text from WOLA’s podcast page:

Stories about the U.S.-Mexico border have fallen out of the headlines, but extremely high numbers of migrants continue to arrive at our southern border seeking asylum in the United States. While they’re there, however, they left without protection and are targeted by criminal groups who regularly kidnap migrants to extort money. Many international organizations no longer visit parts of the border because they have been deemed too dangerous.

This week, Adam speaks with Joy Olson, former director of WOLA, who just returned from the border where she carried out dozens of interviews . She came back saddened by expelled migrants’ suffering, perplexed by the Biden administration’s halting measures, and calling for bold policy changes.. They discuss migrant kidnappings, metering, the mechanics of expulsions under Title 42, and what can be done to improve conditions for migrants at the border and improve the U.S. asylum system.

Listen to WOLA’s Latin America Today podcast on Apple PodcastsSpotifyiHeartRadio, or wherever you subscribe to podcasts. The main feed is here.

Weekly Border Update: July 9, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

Biden administration extends military deployment into 2022

The Department of Defense has approved a request from the Department of Homeland Security (DHS) to keep military personnel deployed along the U.S.-Mexico border during the 2022 fiscal year (October 1, 2021-September 30, 2022). With this decision, the Biden administration continues a military mission that was part of Donald Trump’s approach to the border.

In April 2018, in response to media reports of a “migrant caravan” making its way through Mexico, Donald Trump ordered National Guard troops to the border. It was the fourth time since 2002 that a president had ordered the National Guard to support Customs and Border Protection (CBP). In October of that year, as a new caravan formed in the run-up to midterm legislative elections, Trump augmented that with a highly unusual deployment of active-duty army and marine personnel, a rarity on U.S. soil. At its height in November 2018, up to 2,579 National Guardsmen and 5,815 active-duty troops were involved.

4,000 troops, a mix of National Guardsmen and active-duty military, were approved to serve at the border during fiscal 2021. Right now, according to Stars and Stripes, 3,800 are there. (A June 24 Defense Department release cites “more than 2,600.”)

Their duties are mostly helping to maintain CBP equipment and watching over segments of the border and alerting Border Patrol if they see illicit crossings. Between April 2018 and May 2020, the Defense Department obligated at least $841 million to pay for this deployment, according to a February U.S. Government Accountability Office (GAO) report covered in a past weekly update.

Defense Secretary Lloyd Austin approved the DHS request to extend the military mission on June 23, but reduced the troop strength to 3,000. As before, most personnel will be National Guard members from several states, under federal command.

“Invasion” narrative making a dent in U.S. public opinion

Right now, about 23 states contribute National Guard personnel to the Defense Department’s border mission. Troops usually rotate to the border on two-week tours of duty. States that recently announced new deployments for this federal mission through 2022 include Kentucky, North Dakota, South Dakota, Ohio, and Wisconsin.

Other states, though, are sending police and some troops for a different mission, called by the Republican governors of Arizona and Texas. Those governors are invoking the Emergency Management Assistance Compact, a 1996 agreement in which states may assist each other in emergencies, usually with the requesting state reimbursing the costs.

Greg Abbott (R-Texas) and Doug Ducey (R-Arizona) have asked states to contribute security personnel, with a preference for civilian law enforcement personnel who may be empowered to arrest people for crimes like trespassing (not specifically to enforce federal immigration law). Abbott sent Texas police and military forces to the border in March, calling it “Operation Lone Star.”

The list of states responding to Abbott and Ducey includes the following so far. All have Republican governors.

  • Arkansas is sending 40 National Guard troops for about 90 days; they will mostly perform vehicle maintenance and repairs.
  • Florida is sending over 50 law enforcement officers for 16-day deployments.
  • Iowa has not confirmed a number, but may be sending 25-30 Iowa State Patrol troopers between July 8 and 23.
  • Nebraska will send “more than two dozen” State Patrol officers for about 16 days.
  • Ohio is sending 14 Ohio State Highway Patrol officers.
  • South Dakota is sending up to 50 National Guard troops for one or two months.
  • Wyoming is in negotiations about what assets to send. It had offered aerial coverage, but “it was determined that these particular assets may not precisely match the needs of the requested border mission.”

In an unusual move that raises strong civil-military relations concerns, South Dakota Gov. Kristi Noem (R) is using an approximately $1 million donation from a Tennessee billionaire to cover the cost of her state’s National Guard response to Abbott and Ducey’s call. Arkansas Governor Asa Hutchinson (R) called this a “bad precedent.” (During the George W. Bush administration, Hutchinson headed the Drug Enforcement Administration (DEA) and served as the first DHS assistant secretary for Border and Transportation Security.)

This state deployment has “been criticized as political theater,” Stars and Stripes notes, as Abbott and Ducey seek to portray the Biden administration as leaving them vulnerable to an “invasion” of migrants. “Carnage is being caused by the people coming across the border,” Abbott told a press conference. “Homes are being invaded. Neighborhoods are dangerous, and people are being threatened on a daily basis with guns.” Lieutenant Governor Dan Patrick added, “This is a fight for our survival.”

Reality doesn’t match this rhetoric. An Austin American-Statesman fact check found that it is exceedingly rare for undocumented migrants to carry out violent crimes as they pass through border counties. Reported offenses tend to be nuisance crimes and petty theft, like cutting farms’ fences and water supply hoses, stealing clothes, food, and other travel needs, or setting fires. In fact, instead of killing, migrants are dying—in alarmingly high numbers this year—of dehydration and exposure as they get lost in border-area wilderness zones.

Still, the “invasion” narrative seems to be impacting U.S. public opinion, as U.S. authorities encounter large numbers of migrants at the border this year. Though it gives President Joe Biden a 50 percent approval rating, a Washington Post-ABC News poll released July 4 finds only 33 percent of U.S. respondents approving of his handling of immigration at the border; 51 percent disapprove. A mid-June Harvard CAPS/Harris poll gives Biden a 59 percent overall approval rating, but only 36 percent say Biden should continue his current border security policies and 64 percent want him to pursue a stricter approach. A Republican-commissioned poll cited in Politico finds that “53 percent of voters say they are less likely to support Democrats for Congress because of the increase in migrants at the border.”

Opinion articles by former Bush White House official Karl Rove and former El Paso Representative and Senate candidate Beto O’Rourke, two individuals who share very few views, coincide in noting an increase in anti-immigrant sentiment among Latino residents of Texas border counties. This voting bloc has long gone Democratic but gave Biden a narrower victory margin in 2020. Rove sees these voters shifting Republican “because their border communities are the first to bear the costs of rising illegal immigration.” O’Rourke says his get-out-the-vote organization’s “deep canvassing efforts” in border areas “reveal that fears of immigrants bringing crime over the border rank as a top concern for residents.”

House Subcommittee Passes Homeland Security Appropriations Bill

The House Appropriations Subcommittee on Homeland Security met on June 30 to mark up (amend and approve) its draft of the 2022 DHS appropriations bill. The Subcommittee approved the draft by a voice vote. The bill, which funds the DHS budget for fiscal 2022, now goes on to the full Appropriations Committee, which is to mark up the bill on July 13. It then goes to the full House of Representatives, likely before the August congressional recess.

The bill reflects the priorities of the House’s Democratic majority. Though the Senate has a bare Democratic majority, we can expect that chamber’s Appropriations Committee—which is split between 15 Democrats and 15 Republicans—to come up with a more conservative bill when it meets, probably in September.

The House bill provides DHS with $52.81 billion in funding for fiscal 2022, a $934 million increase over 2021:

  • CBP would get $14.11 billion in net discretionary appropriations. This would be a cut: “$927 million below the fiscal year 2021 enacted level and $456 million below the [Biden administration’s] request.”
  • Immigration and Customs Enforcement (ICE) would get $7.97 billion in discretionary appropriations, almost identical to 2021 and to the administration’s request. However, ICE would see its detention and deportation budget (Civil Immigration Enforcement Operations) cut by $331.6 million from 2021 levels, to $3.79 billion. ICE’s investigative arm, Homeland Security Investigations (HSI), would increase $124.2 million over 2021, to $2.26 billion.

Some of the most significant adjustments in the House appropriators’ bill include the following.

  • Border wall: the bill provides no funding for additional border barriers. It would rescind $2.06 billion from prior years’ appropriations for wall-building. It authorizes up to $100 million of prior years’ money for environmental mitigation activities, authorizing their transfer to the Department of Interior for that purpose.
  • CBP’s technology budget would increase by $132 million, with emphases on “non-intrusive imaging technology,” “border technology,” “innovative technology,” “port of entry technology,” body-worn cameras, and video recording tech inside Border Patrol stations.
  • Ports of entry: $655 million would go for “construction and modernization of land port of entry facilities.”
  • No money would go toward increasing Border Patrol’s authorized staffing level.
  • ICE detention: The bill would give ICE enough funding ($2.46 billion) to detain an average of 28,500 single adults per day. ICE’s current population is 27,000. It would require DHS “to provide detained migrants access to legal counsel, including prospective pro bono counsel.”
  • Alternatives to detention (ATD) are a big focus of the bill. Subcommittee Chair Rep. Lucille Roybal-Allard (D-California) cites “a commitment to the humane treatment of migrants through increased funding for Alternatives to Detention with case management services and reduced lengths of stay in detention for asylum seekers who don’t pose a flight risk and are not a threat to public safety or national security.” ICE’s ATD budget would increase by $34.5 million, to $475 million. The bill would increase, from $5 million to $15 million, an Alternatives to Detention Case Management Pilot Program managed by the Federal Emergency Management Agency (FEMA).
  • Processing of newly arrived migrants is also a big priority. “I continue to have serious concerns regarding the physical and mental wellbeing of individuals, particularly children, at border facilities,” reads a quote from Appropriations Committee Chair Rep. Rosa DeLauro (D-Connecticut). “I am proud that this bill respects their dignity by improving conditions in CPB [sic.] short-term holding facilities, investing in alternatives to detention, making processing quicker and more efficient, and reducing backlogs of immigration, refugee, and asylum applications.” The bill would allocate $170 million to build Integrated Migrant Processing Centers at the border, and would give ICE $100 million, to be administered by FEMA, for “a non-custodial, community-based shelter grant program for immigration processing, ATD enrollment, and provision of case management services for migrants.”
  • Internal controls of border and migration enforcement agencies would be strengthened by a one-quarter increase over 2021 levels, to $42.2 million, in the budget of DHS’s Office of Civil Rights and Civil Liberties (CRCL). The Immigration Detention Ombudsman’s Office would get a $304,000 increase over 2021, to $20.3 million.
  • The bill authorizes the use of CBP and ICE funds to support reunification of migrant families separated during the Trump administration. It would prohibit funding to detain or remove an undocumented person, usually a relative, applying to sponsor a child who arrived at the border unaccompanied.

Links

  • Human Rights First and the El Paso-based Hope Border Institute collaborated on a report about the Biden administration’s use of the “Title 42” pandemic border closure and rapid migrant expulsion policy, in place since March 2020, in the El Paso area. It finds that expelled asylum seekers have been exposed to danger on the Mexican side of the border, and that recent humanitarian exceptions for some of the most vulnerable asylum seekers do “not comply with U.S. asylum law or treaty obligations.” These exceptions appear to favor migrants who are Spanish-speaking and are neither Black nor Indigenous. “Faith-led organizations, humanitarian groups, legal services organizations, and other volunteers stand ready in the El Paso region to welcome these asylum seekers and help them reach their destinations in the United States,” the report concludes.
  • Reuters, CNN, and Politico covered the Title 42 policy’s likely imminent end. The pandemic provision got used to expel undocumented migrants at the border over 900,000 times since March 2020, over 500,000 of those times during Joe Biden’s presidency. The Biden administration may soon stop applying Title 42 to asylum-seeking families. “It doesn’t make sense to keep it in place if it’s not actually deterring migration,” Andrew Selee of the Migration Policy Institute told Reuters. “My hope was that they would buy some time to build a real functioning system at the border. But that didn’t quite happen.” Officials at Customs and Border Protection (CBP) told CNN that they “are bracing for the eventual lifting of border restrictions” and “some are concerned about staffing and whether there are enough agents and officers to process an increased number of individuals.” Politico warns that “Republicans plan to highlight any increase in migrants or delays in processing them in campaign ads, mailers and debates in races all over the country as part of a long-planned strategy to use immigration to try to retake Congress in the midterm elections next year.”
  • At Immigration and Customs Enforcement (ICE) detention centers, where the agency and its contractors have given at least one vaccine dose to only 20 percent of detainees, the New York Times reports “major surges in coronavirus infections.”
  • As migrants from countries other than Mexico and Central America arrive at the border in greater numbers (as noted in two of our last three updates), a Washington Post visualization shows the different parts of the border where different nationalities are tending to arrive. The concentration of people from different countries in different regions is “a migration pattern that U.S. officials say they have never seen to this degree.”
  • The Supreme Court agreed with a Biden administration request to vacate previous district and circuit court decisions in favor of the Sierra Club and Southern Border Communities Coalition, which had sued to challenge the Trump administration’s 2019 border wall “emergency” declaration. The Biden administration asked that the Supreme Court not hear the challenge due to “changed circumstances,” and the case now goes back to district court.
  • “My message to the Biden administration is this,” writes former WOLA director Joy Olson, who is just back from a trip to sites along the Texas-Mexico border. “Stop pretending that you control things that you don’t and start opening more legal pathways for migration and protection that you do control.”

Weekly Border Update: July 2, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here

Title 42, which may be in its last days, exacts a humanitarian toll

Between March 2020 and May 2021, U.S. Customs and Border Protection (CBP) expelled 867,673 migrants whom the agency encountered at the U.S.-Mexico border. Often, this has meant sending them back to Mexico within an hour or two, even if they are not Mexican, with little or no opportunity to ask for asylum or protection in the United States.

This is due to a Trump-era order citing the COVID-19 pandemic as justification to expel migrants with minimal processing. The process is called “Title 42” after the section of the U.S. Code containing an old border quarantine authority. The Biden administration has kept Title 42 in place, though it has not expelled unaccompanied children and it has expelled a declining number of migrants who arrive as family units. (8,986 family members expelled in May, down from 17,795 in April and 21,423 in March.)

Citing “administration officials and others familiar with the discussions,” the Wall Street Journal got further confirmation that the Biden administration is moving toward lifting Title 42. Families requesting asylum at the border may be able to do so without expulsion by the end of July. Title 42 will continue, however, to expel single adults “for the next few months.” (This was first reported by Axios and the New York Times during the week of June 20.) The Journal notes that the change “is expected to come in conjunction with a phased reopening this summer of nonessential travel at ports of entry along the Mexican and Canadian borders.”

Some officials are concerned that lifting Title 42 will lead to a sharp increase in arrivals of migrant families at the border; the Journal reports that the administration is considering options to speed migrants’ asylum processes in order to minimize the length of their stay in the United States pending decisions. Measures may include allowing asylum officers—not just immigration judges—to rule on cases, and allowing asylum seekers to make appointments at border ports of entry using a CBP app.

Large numbers of expelled migrants, meanwhile, continue to accumulate in Mexican border cities, often in strikingly miserable conditions. In Tijuana, 2,000 mostly Mexican, Central American, and Haitian migrants are encamped outside the Chaparral pedestrian port of entry into the United States. (Many there were not expelled under Title 42, but believe they need to be near the border crossing before it reopens.) Mexico’s government human rights ombudsman (CNDH) is warning of numerous health risks at a site that lacks basic sanitation, and city authorities say they plan to clear the encampment soon.

Across from south Texas, in the notoriously organized crime-ridden city of Reynosa, over 1,000 asylum seekers are encamped at a plaza not far from the port of entry. Humanitarian workers from the Sidewalk School for Children Asylum Seekers told Border Report of an outbreak of COVID-19 among those in the plaza. Those who test positive for the coronavirus are being quarantined in one part of the park, while workers are racing to move many of those who test negative to an expanded area of Senda de Vida, an evangelical-run shelter not far from the port of entry.

More migrants arriving from “other” countries

As a recent weekly update noted, a sharply rising portion of migrants encountered at the U.S-Mexico border are neither from Mexico nor from Central America. Citizens of these “other” countries made up 23 percent of Border Patrol’s encounters with undocumented migrants in May, and 45 percent of Border Patrol’s encounters with migrant family members. The “other” countries whose citizens were most frequently encountered were Ecuador, Venezuela, Brazil, Nicaragua, Haiti, Cuba, and Romania.

The Associated Press reported on June 28 from Del Rio, Texas, a small border town that has seen a jump in arrivals of migrants from Venezuela. Though about 5.4 million Venezuelans have fled their country in recent years, very few have arrived at the U.S.-Mexico land border until recently. 7,484 were apprehended or showed up at ports of entry in May. That monthly number is nearly triple the 2,787 Venezuelans apprehended in all of 2020 and more than triple the 2,202 apprehended in all of 2019. Of those 7,484, 5,465 (73 percent) showed up in Del Rio. Nearly all are turning themselves in and seeking asylum in the United States.

The AP notes that the Venezuelans wading across the Rio Grande from Ciudad Acuña, Mexico, to Del Rio tend to be more highly educated (“bankers, doctors, and engineers”), and many had first emigrated to elsewhere in South America, where they were living and working until COVID-19 collapsed the region’s economies. Most fly to Mexico City or Cancún, then contract with smugglers who take them to Ciudad Acuña. Their trip takes “as little as four days.”

The sharply increasing numbers of migrants from Venezuela and other unusual countries at the border, the AP notes, are “a harbinger of a new type of migration that has caught the Biden administration off guard: pandemic refugees.”

Republican politicians focus on the border

Five days after Vice President Kamala Harris’s quick June 25 visit to El Paso, former President Donald Trump was in south Texas’s Rio Grande Valley region for a meeting with border authorities, a speech, and a Fox News “town hall” event. The visit was one of several ongoing efforts by Republican political leaders to challenge the Biden administration on border security and rising migration numbers.

From a lectern placed at a point where a section of border wall ends, Trump attacked Joe Biden for undoing his policies. “Biden is destroying our country,” he told the assembled crowd, which included former officials from his Department of Homeland Security (DHS), from Texas’s Department of Public Security (DPS), Texas Governor Greg Abbott (R), and 31 Republican members of Congress.

“I used to go around in speeches and say, two things that will never get old are a wheel and a wall… The wall worked, really worked,” Trump said. “Within two months everything could have been completed. It would have been painted.”

Valerie González of the Rio Grande Valley Monitor noted that of 28 officials participating in a briefing with the former president, only three  were from the local area: “Javier Villalobos, McAllen mayor; Benny Martinez, Brooks County sheriff; and Paul Perez, president of the National Border Patrol Council RGV 3307.” The only one who spoke was Martínez, whose county hosts a Border Patrol highway checkpoint around which migrants walk. A large number get lost in the surrounding ranch land and die of dehydration or exposure. The Sheriff said that this year has seen a 185 percent increase in migrant apprehensions in Brooks County, and a 490 percent increase in 911 emergency calls.

Brooks is one of about 28 Texas counties that agreed to be included in a disaster declaration that Gov. Abbott issued in late May to respond to a “border emergency.” The original declaration covered 34 border-area counties, but several—including those in the majority-Democratic Rio Grande Valley area—objected, citing a lack of evidence. On April 26, Abbott had sent letters to all 254 of Texas’s counties requesting estimates of their financial needs resulting from the border “disaster.” Only eight counties had responded as of June 18, the Monitor reported, and only two had provided monetary amounts, which totaled less than $25,000.

In Brooks County, Martínez said the disaster declaration would help authorities deal with grass fires set by lost migrants seeking to alert rescuers. In Culberson County, in west Texas near the border, Sheriff Oscar Carrillo told the Dallas Morning News’s Alfredo Corchado that authorities had signed the disaster declaration, “but not for political reasons. I’m just practical. We need to be reimbursed for the $30,000 we spent on the migrants who’ve died so far.”

Sheriff Carrillo called “just a show” another of Gov. Abbott’s initiatives: a request, issued with Arizona Gov. Doug Ducey (R) for other state governors to send law enforcement personnel to help secure the border. Abbott’s request appears to have attracted short-term visits of small contingents of state police or National Guardsmen from Alabama, Arkansas, Florida, Idaho, Iowa, Nebraska, South Dakota, and Tennessee. All of these states have Republican governors.

“It’s unclear what these out-of-state forces will be empowered to do, and some states aren’t offering much detail,” a PolitiFact investigation finds. “Based on what we’ve gathered, they will be limited to investigative work and backing up highway patrols.” Lt. Col (Ret.) Geoffrey Corn, a professor at the South Texas College of Law Houston, told the New York Times that National Guard troops’ role would be largely “ceremonial duties, though they will have the authority to make citizens’ arrests.”

Arkansas Gov. Asa Hutchinson (R) said it would cost his state $575,000 to send 30 guardsmen for 90 days. Idaho said its deployment would cost about $53,000.

South Dakota Gov. Kristi Noem (R) would not divulge how much it would cost to send 50 of her state’s 3,100 National Guard members to the border for 30 to 60 days—her office cited “security reasons” for the silence—but she came up with a controversial way to pay for it. The deployment’s price tag will be paid by a private donor: Willis Johnson, the Tennessee-based billionaire chairman of Copart, an automobile auction company, who describes himself as a “hardcore Republican.”

While the governor’s office insists that paying soldiers with private funds is legal in South Dakota while the guardsmen remain under the governor’s command, the New York Times described it as “a fuzzy area of the law that officials in the state said had never before been contemplated.” Roger Tellinghuisen, a former Republican attorney-general of South Dakota, told the Times, “I don’t have a clue if it’s legal. It’s a question in my own mind.”

“The military is supposed to be used to further our national security interests and ensure the safety of all citizens, not just the whims of a few private individuals with the means to pay for its services,” Dan Grazier, a military fellow at the Center for Defense Information’s Straus Military Reform Project, told the Guardian. “It’s basically money laundering, and it’s turning the state National Guard into a mercenary force,” Rachel VanLandingham, a former Air Force lawyer who teaches at Southwestern Law School in Los Angeles, told the New York Times.

Beyond hosting Trump, declaring a disaster, and inviting other states’ law enforcement, Texas Gov. Abbott—who is up for re-election in 2022 and may be eyeing a 2024 presidential bid—is active on other fronts. He continues to move toward stripping licenses for Texas childcare facilities that are housing migrant children who arrive unaccompanied. This would force the Biden administration to scramble to find shelter space for these kids, who have been arriving in record numbers since March.

Five Texas sheriff’s departments, meanwhile, have sued Immigration and Customs Enforcement (ICE), citing a Biden policy that requires the agency to take into custody only migrants considered national security or public safety threats, when they are released from criminal custody. Nationally, ICE’s detained migrant population has risen this year from 14,000 to nearly 27,000; 80 percent of those adding to the population are single adults apprehended at the border, BuzzFeed notes. 4,000 of those in custody are asylum seekers who, for some reason, ICE has determined to be flight risks and required to be detained.

Republicans’ efforts to raise the border and migration and issue do not appear to be resonating beyond the party’s base, according to a June 11-17 Reuters/Ipsos poll. Just 10 percent of 4,420 adult respondents ranked immigration as the United States’ top priority, down from 15 percent in April. Republicans who ranked immigration number one totaled 19 percent, down 10 points from April. President Biden, though, maintains a low approval rating for his handling of immigration: 40 percent of Reuters/Ipsos respondents approved and 47 percent disapproved.

Links

  • The Biden administration is formalizing a process to allow U.S. resident military veterans who were later deported, often because they committed minor crimes, to return to the United States.
  • In rural Culberson county, between El Paso and Texas’s Big Bend region, the sheriff’s office has already handled 13 migrant deaths so far in 2021, reports Alfredo Corchado at the Dallas Morning News.
  • Between now and August 2, the Biden administration will be closing six of the large emergency shelter facilities it has set up to house migrant children who arrive at the border unaccompanied. Children stay in the austere shelters while awaiting placement with relatives or sponsors in the United States, with whom they stay while immigration courts rule on their protection needs. Facilities set to close include one at Lackland Air Force Base in San Antonio, Texas; a former oil worker camp in Midland, Texas; tent-based facilities in Carrizo Springs and Donna, Texas; and convention centers in Long Beach and San Diego, California. Health and Human Services (HHS) Secretary Xavier Becerra said that the population of children at the largest and most notorious of these shelters, Fort Bliss, Texas, has dropped to 790 from around 4,800 two months ago. An average of 401 unaccompanied children arrived at the border every day in June. As of July 1, 14,416 were in shelters, approximately 6,100 of them temporary emergency shelters.
  • At a July 1 hearing before the OAS Inter-American Human Rights Commission, 32 organizations and the Mexico office of the UN High Commissioner for Human Rights argued that Mexico’s use of security forces for migration enforcement, including “pushbacks” of migrants, has exacerbated illegitimate use of force against migrants.
  • Mexico’s human rights ombudsman (CNDH) found migrants being held in crowded conditions at a detention center run by the country’s National Migration Institute (INM) in the remote border town of Piedras Negras, across from Eagle Pass, Texas. About 13 more migrants were being held in the Piedras Negras municipal jail in very unsanitary conditions, while unable to contact relatives, the CNDH reported. A coalition of mostly southern Mexican human rights groups (Colectivo de Observación y Monitoreo de Derechos Humanos en el Sureste Mexicano, Comdhse) denounced cases of torture by immigration and National Guard personnel in INM’s migrant detention centers nationwide, including “violence, beatings, threats, lack of food or rotten food.” The worst situation, the group claims, is at Siglo XXI, the INM’s largest detention facility, in Mexico’s southern border-zone city of Tapachula.

Weekly Border Update: June 25, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

Vice President Harris visits El Paso

Vice President Kamala Harris paid an approximately four-hour visit to the U.S.-Mexico border in El Paso, Texas. She traveled with Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, Senate Judiciary Committee Chairman Dick Durbin (D-Illinois), and El Paso’s House representative, Rep. Veronica Escobar (D-Texas).

She toured Border Patrol’s “central processing center” for apprehended migrants, attended an operational briefing with border agencies, and met with representatives of several El Paso non-governmental service providers and humanitarian organizations. (The list included Las Américas Immigrant Advocacy Center, Annunciation House, Border Network for Human Rights, and Hope Border Institute. WOLA published a June 24 memo laying out some key issues for the trip, along with a Twitter thread suggesting effective organizations, including all of these, with whom the Vice President could meet.)

At a mid-day press conference before departing for California, the Vice President said that her encounters with migrant children were a reminder “of the fact that this issue cannot be reduced to a political issue.”

President Joe Biden has given Harris a lead role in engaging with Mexico and Central America on efforts to address migration’s “root causes.” Harris has sought to deflect the perception—which shows up often in Republican statements—that her role includes border security or that she is some sort of “border czar.”

Her El Paso visit comes after weeks of calls from Republican legislators (and a few border Democrats) that she visit the border to view firsthand what they call a “crisis” caused by increased migration. The announcement of her visit, issued June 23, came a few days after ex-president Donald Trump accepted an invitation from Texas Governor Greg Abbott (R) to visit the border. Trump, who will visit south Texas’s Hidalgo County on June 30, responded, “If Governor Abbott and I weren’t going there next week, she would have never gone!”

The White House denies any relation. “The reason why it’s important that she go down: She’s now set up the criteria, having spoken with the President of Mexico and Guatemala, visited the region to know what we need to do,” President Biden said on June 24. Vice-Presidential spokesperson Symone Sanders said it was important for Harris first to visit Guatemala and Mexico, which she did in early June, as part of a “cause and effect” strategy.

Sanders said Harris chose to visit the border at El Paso because it was the “birthplace” of Donald Trump’s family separation policy—it was first rolled out there in late 2017. Republicans attacked the choice because El Paso, though busy right now, is seeing a less-heavy flow of migrants compared to border sectors further east in Texas and west in Arizona.

Alarming glimpses into conditions at Fort Bliss child shelter

Harris’s agenda did not include a visit to the massive emergency shelter for unaccompanied migrant children, currently operated by the Health and Human Services Department (HHS) via a contractor at Fort Bliss, a giant army base adjacent to El Paso’s airport.

This facility, known as an Emergency Intake Site (EIS), was thrown together in March when Border Patrol processing centers were jammed with several thousand migrant children, mostly from Central America, who had arrived at the border unaccompanied. HHS’s Office of Refugee Resettlement (ORR) is meant to take custody of these children while arranging to have them stay with relatives or other sponsors in the United States while their protection needs are evaluated. ORR quickly ran out of space, however, leading to the establishment of several large, austere facilities at convention centers and similar spaces around the country.

The Fort Bliss space—a series of giant climate-controlled tents—is the largest. It can hold up to 10,000 children, and reached 5,000 in April. By mid-June, that number had dropped to 2,300. About 14,500 children remain in ORR’s shelters nationwide. 

Emergency facilities like Fort Bliss continue to lack enough caseworkers to locate children’s families and sponsors. This has forced some children to stay at the facilities, essentially warehoused with little to do, for long periods. The average nationwide stay is 37 days. At Fort Bliss, government data shared with CBS News indicate that more than 100 children have been on base for more than 60 days, 16 of them since the site opened on March 30.

Though access to Fort Bliss is restricted, very troubling accounts have emerged about conditions. Information comes from Rep. Escobar, shelter workers who have spoken to press, and from a federal filing from lawyers who visited to monitor compliance with the 1997 Flores judicial agreement setting standards for migrant childcare.

“Children at the Fort Bliss EIS sleep in rows of bunk cots in giant tents with hundreds of other children, enjoy no privacy, receive almost no structured education, have little to do during the day, and lack adequate mental health care to address children’s severe anxiety and distress surrounding their prolonged detention,” reads a filing from the attorneys.

CBS News had further alarming revelations:

  • Some children have required one-on-one, 24-hour supervision “to ensure they don’t hurt themselves.”
  • Some children are refusing food or spending most of their days sleeping in their bunk-bed cots.
  • Self-cutting appears common. The shelter has “banned pencils, pens, scissors, nail clippers and regular toothbrushes inside tents,” and is even removing metal nose clips from N95 face masks. A 13-year-old Honduran girl told the attorneys “some teens used their identification cards to cut themselves.”

BBC reported accounts of substandard food, including uncooked meat, and children unwilling to shower for many days at a time for lack of clean clothes to change into. Far more seriously, shelter employees shared sexual abuse allegations with BBC, including a possible rape and a contractor “caught in a boy’s tent, you know, doing things with him.”

On June 25 HHS Secretary Xavier Becerra promised a “thorough investigation” of allegations at Fort Bliss. Tyler Moran, who covers immigration at the White House Domestic Policy council, told reporters on June 22 that efforts are underway to add 50 mental health professionals and more caseworkers, as recommended in a June 24 memo from the ACLU of Texas.

“Remain in Mexico” dismantlement expands, Title 42 phaseout may accelerate

One of the Biden administration’s first actions at the border was to end the “Migrant Protection Protocols” (MPP), also known as “Remain in Mexico.” This was a Trump-era program that forced 71,000 non-Mexican asylum seekers to await their U.S. hearing dates on the other side of the border, in Mexico. While waiting in dangerous border towns for months or years, at least 1,544 migrants subjected to MPP suffered rape, murder, kidnapping, assault, or other serious attacks, according to a count kept by Human Rights First.

In February, the Biden administration began admitting into the United States those “remaining” in Mexico who still had pending court dates. By the end of May, 10,375 people with active asylum cases had re-entered the United States, according to TRAC Immigration, to await their hearings north of the border, usually with U.S. resident relatives.

It was unclear, though, whether there would be any redress for people in MPP who had their cases terminated while they were subjected to the program. According to TRAC’s data, 30,705 people had their asylum applications denied “in absentia,” meaning they failed to show up for their scheduled hearings.

This week, DHS announced that this asylum-seeking population will get another chance. “Beginning June 23, 2021, DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia (i.e., individuals ordered removed while not present at their hearings),” reads a memo to Congress obtained by BuzzFeed.

DHS Secretary Mayorkas had expressed doubt about whether the Remain in Mexico program was giving asylum seekers “adequate opportunity” to appear in court, the Los Angeles Times reports, “and whether conditions faced by some MPP enrollees in Mexico, including the lack of stable access to housing, income, and safety, resulted in the abandonment of potentially meritorious protection claims.” In some cases, migrants missed their MPP hearings because they had been kidnapped in Mexico and were in the custody of criminal groups.

It’s not clear how many of these 30,705 people would actually show up and avail themselves of the opportunity to seek asylum in the United States. Michele Klein Solomon, the International Organization for Migration (IOM) director for North America, Central America and the Caribbean, told the Associated Press that she expected at least 10,000 people—one-third of the “denied in absentia” population—to appear.

While dismantling MPP, the Biden administration has mostly kept in place another Trump blockage of the right to seek asylum: the “Title 42” pandemic policy mandating that undocumented migrants be rapidly expelled—and that migrants from Central America’s Northern Triangle be expelled into Mexico.

Between February and May, the Biden administration used Title 42 to expel migrants 408,000 times, including more than 58,000 members of families—with little or no opportunity to ask for asylum or protection. A June 22 report from Human Rights First counted “3,250 kidnappings and other attacks, including rape, human trafficking, and violent armed assaults, against asylum seekers and migrants expelled to or blocked at the U.S.-Mexico border since President Biden took office in January 2021.” HRF found that DHS aggravates the situation by expelling many migrants late at night, “placing expelled people at increased risk of kidnapping and other harm.”

For families at least, that may end soon. Axios reported on June 20 that “The White House is considering ending—as early as July 31—the use of” Title 42 expulsions of family unit members. “President Biden has been briefed on a plan for stopping family expulsions by the end of July, as well as the option of letting a court end it.” The White House seems to be favoring calling an end to the policy rather than keep defending it in a lawsuit brought by the ACLU.

On June 24 the New York Times confirmed the Axios reporting: “It is possible that in the coming weeks, border officials could start allowing migrant families back into the country, with an eye toward lifting the rule for single adults this summer.” The most likely plan would be to place families asking for asylum into alternatives-to-detention programs in the United States—probably involving GPS ankle monitors—until their court dates in a badly backlogged immigration court system.

Under this plan, single adults would still be expelled for a while. “Lifting the public health rule for single adults is likely to come later, according to the most recent discussions, possibly by the end of the summer,” the Times reports. Single adults are the vast majority of those who are expelled, and Customs and Border Protection (CBP) has been expelling 86 percent of those whom it encounters at the border. NBC News reported that the agency is even resuming “lateral expulsion” flights for single adults, taking some from the busy border sectors where they are apprehended, then expelling them back into Mexico in sectors that are seeing a less heavy flow of migrants, like El Paso and San Diego.

The Times expects that lifting Title 42 for asylum-seeking families by the end of July “is likely to sharply increase the flow of migrants, at least in the short term.” That may be, for families. For migrants who wish to avoid being apprehended, though—like single adults who don’t seek asylum—it’s possible that lifting Title 42 could lead to fewer encounters at the border. The pandemic period, since mid-2020, saw a very sharp increase in Border Patrol encounters with single adults seeking to avoid apprehension. This was in large part because being rapidly expelled, and not detained or charged, made it easier to cross back into the United States and try again. Without Title 42 easing repeat attempts, that sharp increase in single adult migration could fade.

Border Patrol Chief exits

In a message to his personal Facebook account, Border Patrol Chief Rodney Scott made known that the Biden administration had given him a “three R letter,” meaning “resign, retire, or relocate.” Chief Scott, who had been on the job for 17 months, will stay on for up to 60 days before leaving the force.

Scott, who served most of his tenure as chief during Donald Trump’s final year in office, appeared to be supportive of the former president. “Scott appeared several times alongside Trump, eagerly defending his hard-line policies, leading some colleagues to privately express concern that Scott’s enthusiasm occasionally veered into partisanship,” the Washington Post’s Nick Miroff noted this week. As a result, “several of his current and former colleagues [were] surprised he remained in the post” as long as he did, even as he and other senior officials “chafed at Biden’s reversal of Trump policies they viewed as effective,” like Remain in Mexico. His exit was “completely driven by politics,” an unnamed source told the Washington Examiner’s Anna Giaritelli.

Scott’s successor will be his deputy, Raúl Ortiz, according to a statement from acting CBP Commissioner Troy Miller. (The Post had earlier reported that Ortiz would serve “on an interim basis,” but that is not clear.) Like Scott, Ortiz has been on the force for 29 years. He was a featured guest during Donald Trump’s February 2020 State of the Union speech. The Examiner reports that his most likely successor as deputy chief will be either San Diego Sector Chief Aaron Heitke, Rio Grande Valley Sector Chief Brian Hastings, or El Paso Sector Chief Gloria Chavez.

CBP, Border Patrol’s parent agency, continues without a confirmed commissioner to fill the role Miller is playing on an acting basis. The Biden administration named Tucson, Arizona Police Chief Chris Magnus in April, but like many Senate nominations, it is moving very slowly through the chamber.

Links

  • The Republican governors of Florida, Idaho, Iowa, and Nebraska have responded to a call from the Republican governors of Arizona and Texas, Doug Ducey and Greg Abbott, to send law-enforcement personnel to the border. Iowa and Nebraska will each send about two dozen uniformed officers to Texas and/or Arizona for a couple of weeks. Gov. Abbott set up a website for private donations for the state government to build its own border wall; it received $459,000 in about a week. While that sounds like a lot, at the going rate of about $26 million per mile in Texas, it would only build 0.02 miles of wall. The Texas governor’s portrayal of the area as a danger zone is hurting tourism and other business in the border region, local leaders say.
  • In the dangerous Mexican border city of Reynosa, where U.S. agencies have expelled thousands of non-Mexican asylum seekers and families under Title 42, June 19 was a day of citywide attacks and firefights between three factions of the Gulf drug cartel and law enforcement, killing 19 people. Of the dead, 15 appeared to be innocent bystanders, the Associated Press reports. The surrounding Mexican state of Tamaulipas has long been under the influence of the Gulf and Zetas cartels, but those groups have fragmented. Now, the Mexican daily Milenio cites government intelligence reports mapping territorial disputes between six groups. The United States’ Title 42 expulsions into Tamaulipas “continue to endanger the migrant population” while “organized crime groups are taking advantage of the situation,” according to a new report by Global Response Management, a humanitarian organization that has assisted asylum seekers stranded in Tamaulipas by “Remain in Mexico” and Title 42 expulsions.
  • Touring the border in the Rio Grande Valley, Border Report finds a profusion of makeshift wooden and rope ladders being used to scale the border wall. “When agents find the ladders, they pile them up just north of the wall. Once a week, a truck is sent down the dirt trail road that lines the border wall to gather and haul them all away.” The climbs are dangerous: “Almost daily, we receive two to three calls of individuals getting hurt,” a Border Patrol agent says. “Some more serious than others — fractured bones protruding from skin that will need medical attention. Other times, it’s just a sprain.”
  • Just over the state line from El Paso, in New Mexico, “Five times in the past four weeks, Sunland Park police or firefighters have assisted U.S. Border Patrol agents at places where migrants died of heat exhaustion or from falls” from the wall, Border Report notes.
  • A 51-year-old Bahamian man died of a heart attack last December when staff at a Natchez, Mississippi ICE detention center failed to provide an adequate medical response, according to a draft DHS Inspector-General report obtained by BuzzFeed. The detention center is run by CoreCivic, a Tennessee-based for-profit contractor.
  • Reps. Filemon Vela (D-Texas) and Veronica Escobar (D-Texas), who represent border districts, and Sen. Ben Ray Luján (D-New Mexico) voiced support for vaccinating migrants, like asylum seekers, who are allowed to cross into the United States.
  • Together with the country’s National Guard, Mexico’s migration authority, the National Migration Institute (INM), ran two deportation flights to Caribbean nations this week. It sent 89 Cuban migrants to Havana and 97 Haitian migrants to Port-au-Prince. INM also detained 241 Central American migrants at a warehouse in Puebla and 116 at a residence in Tamaulipas.

Weekly Border Update: June 18, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

CBP data points to a rise in migrants from “other” countries

U.S. Customs and Border Protection (CBP) reported on June 9 that in May, its agents encountered 180,034 undocumented migrants at the U.S.-Mexico border. 8,023 of these “encounters” took place at official border ports of entry. 172,011 happened in the spaces between the ports of entry, where Border Patrol operates.

The Border Patrol number is a very slight reduction from April, when the agency encountered 173,686 undocumented migrants between ports of entry. Encounters with unaccompanied children dropped by 18 percent from April to May, and encounters with members of families dropped by 16 percent. Single adults increased 8 percent.

Download a PDF of border graphics from bit.ly/wola_border.

The May “encounters” number appeared to be the largest since April 2000, when Border Patrol apprehended 180,050 migrants at the U.S.-Mexico border. However, there is some double-counting. 38 percent of the agency’s May encounters were with people whom it had already encountered at least once in the previous 12 months.

Of May’s 172,011 encounters, then, only about 107,000 were “new” people. That is still a very high monthly number by the standards of the past 15 years at the border, but it means that the number of newly encountered people in May 2021 was significantly smaller than in May 2019 (which was perhaps 124,000 people, at that year’s recidivism rate). “The trend of border apprehensions in May is a reduction of individuals (unique encounters) and families below the peak in 2019,” reads a White House release.

A 38 percent “recidivism rate” is probably unprecedented. That number averaged 15 percent of Border Patrol’s “encountered” migrants between 2014 and 2019, and it rose to 26 percent in 2020. The reason for the increase is the pandemic response. Under a COVID-19 border measure known as “Title 42,” Border Patrol is rapidly expelling most migrants it finds, sending Mexicans and residents of some other countries back across into Mexico without detaining them. The quick procedure makes it relatively easy for migrants to attempt to cross again.

Of Border Patrol’s 897,213 “encounters” with migrants between ports of entry since October, 137,176—15 percent—were not from Mexico or from Central America’s Northern Triangle countries. That’s up from 11 percent from “other countries” in 2020, and 9 percent in 2019. In May, the “other countries” share was even larger: 23 percent of Border Patrol’s encounters. Last month, the agency encountered more citizens of Ecuador (11,655) than El Salvador (10,011).

In May, the non-Mexican, non-Northern Triangle countries whose citizens Border Patrol “encountered” most were Ecuador (11,655 May encounters, up 110% since March); Venezuela (7,371, up 213%); Brazil (7,366, up 85%); Nicaragua (4,354, up 126%); Haiti (2,704, down 12%); Cuba (2,611, down 54%); and Romania (1,203, up 214%). The Romanians are mainly members of the oft-persecuted Roma ethnic group, as Reuters reported in late May.

The 2020-21 year-on-year nationality numbers are also striking. They show great variation in the parts of the U.S.-Mexico border where migrants of different nationalities tend to arrive. Central Americans and Ecuadorians tend to arrive in south Texas and the El Paso-New Mexico area. Brazilians and Indians arrive overwhelmingly in the westernmost border sectors. Cubans and Venezuelans are arriving in sparsely populated areas: west Texas’s Del Rio sector and western Arizona’s Yuma sector (many Venezuelans are also arriving in central Arizona). The Del Rio sector has seen the largest percentage increase in migration from 2020 to 2021.

Download a PDF of border graphics from bit.ly/wola_border.
Download a PDF of border graphics from bit.ly/wola_border.

A few other facts about May, from CBP and from Mexico’s migration authorities:

  • As in March (63%) and April (64%), Border Patrol expelled 64 percent of migrants it encountered, under the “Title 42” pandemic authority.
  • Virtually no unaccompanied children were expelled, as has been the case since mid-November.
  • Border Patrol expelled 22 percent of apprehended family unit members, down from 37 percent in April and 40 percent in March. The number of family members allowed into the United States, in most cases to begin asylum proceedings, has stayed very steady since March: 31,973 in March, 30,502 in April, and 31,722 in May.
  • As in March (88%) and April (86%), Border Patrol expelled 86 percent of single adults it encountered.
  • 68 percent of encountered migrants were single adults. This is vastly different from May 2019, when only 28 percent were single adults. (This includes some double counting due to recidivism.)
  • Between January and May, Mexico’s refugee agency COMAR had received 41,195 requests for asylum in Mexico. That five-month total exceeds COMAR’s asylum requests in all of 2020 (41,179). 46 percent of requesters were from Honduras, followed by Haiti (17%) and Cuba (9%).
  • In April, the latest available month, Mexican authorities apprehended 18,709 migrants, the most since July 2019.

Biden administration loosens two Trump-era restrictions on asylum

The Department of Justice this week reversed a Trump administration restriction on eligibility for asylum, while the Departments of State and Homeland Security reinstated a program extending protection to some Central American children.

On June 16 Attorney-General Merrick Garland reversed decisions from his Trump-era predecessors, Jeff Sessions and William Barr, that severely restricted asylum for victims of domestic abuse and gang violence. In the U.S. system, immigration courts are part of the executive-branch Department of Justice. This makes the attorney-general the maximum “judge” setting guidelines for immigration judges to follow.

In 2018, in a case called “the matter of A-B,” Sessions had overruled a prior decision granting asylum to a Salvadoran woman who had fled domestic violence. In 2019, in the “L-E-A” case, Barr determined that relatives of a Mexican man targeted by a criminal organization (in this case, the hyper-violent Familia Michoacana cartel) did not qualify as members of a “particular social group” eligible for asylum.

These two decisions had severely restricted possibilities of gaining U.S. asylum for tens of thousands of migrants, especially Central Americans, who had come to the United States fleeing abusive partners or violent gangs. “In the year after his [Sessions’s] decision,” the New York Times noted, “rates of asylum granted to people from El Salvador, Guatemala and Honduras plunged 38 percent.” Attorney-General Garland’s decision, a response to an executive order from the first days of Joe Biden’s presidency, restores asylum eligibility to what it was before the Trump administration.

Meanwhile, on June 15 the Departments of State and Homeland Security announced an expansion of the recently restored Central American Minors (CAM) Program, allows parents living legally in the United States to petition to have their children in Central America reunited with them. A few thousand children gained admittance to the United States through the CAM during the last years of the Obama administration, but the Trump administration shut down the program in 2018.

President Biden had ordered the program’s reinstatement shortly after taking office. The June 15 announcement expands the CAM, adding new categories of adults who may petition for their children to join them. Now, legal guardians and parents who are still awaiting decisions on their status, including asylum-seekers, may also apply. An unnamed official told the Los Angeles Times that as many as 100,000 petitioners may now be eligible.

Once the parents apply, the CAM program interviews the children in Central America to determine whether they qualify for refugee resettlement status. If they do not qualify, they may still be granted humanitarian parole—a temporary residency status that does not place the children on a path to citizenship, CBS News explains.

Texas’s governor wants to build a wall

At a June 16 press conference in Austin, Texas Governor Greg Abbott (R) announced that “In the Biden Administration’s absence, Texas is stepping up to get the job done by building the border wall.” Abbott asked his state’s Facilities Commission to hire a program manager to oversee border wall construction.

Abbott’s administration said it would transfer $250 million from the prison system’s budget to a “down payment” on a state border wall. (Texas already spends $1.1 billion in state funds on what it categorizes as “border security.”)

It cost the Trump administration about $26.5 million per mile to build border wall in Texas; at that rate, Abbott’s “down payment” would be enough to build 9 1/2 miles of wall. At least 1,100 miles of Texas’s border is unfenced. “My guess is that if Texas has the willingness to go through multiple years of litigation, it will be able to build a smattering of wall sections,” former Bush administration DHS official Stewart Verdery told the Washington Examiner.

In Texas, most border land is privately owned. Abbott’s “program manager” will have to “identify state land and land that private landowners and local governments can volunteer for the wall,” the governor’s office’s release reads. The state land commissioner, George P. Bush, said he would grant emergency authorization to build wall on state-owned lands.

While costly private land seizures through the eminent domain process are certain to slow the Governor’s plans, he is also seeking donations of land and money, including through a website. In 2011, Arizona’s state government set up a similar wall-building donation website with a goal of raising $50 million. It ultimately collected $270,000.

While states are not empowered to enforce immigration law, Abbott signaled that he would have state police arrest migrants on charges like trespassing or smuggling, regardless of their intention to seek asylum, and to hold them in newly built jails near the border. Imprisoning parents who arrive with children would cause a new wave of family separations. The League of United Latin American Citizens (LULAC) announced that it is considering filing an injunction against Abbott’s “abuse of power and using refugee children as political piñatas.”

“We are being invaded,” Lieutenant-Governor Dan Patrick said at the Governor’s press conference. “That term has been used in the past, but it has never been more true.” He added that a 14-year-old Central American boy who arrives that the border would probably turn into a criminal: “You can’t put a 14-year-old in a fifth grade class. What is his future? Crime, low wages. No future.” Migrant advocates reacted sharply to this “invasion” rhetoric, similar to that used by a mass shooter who killed 23 people at an El Paso Wal-Mart in August 2019. “If people die again, blood will be on your hands,” tweeted El Paso Rep. Veronica Escobar (D).

As he eyes a run for the Republican presidential nomination in 2024, Abbott is already trying to revoke licenses for federally funded shelters housing unaccompanied migrant children in Texas. He has also invited former president Donald Trump to come to the border; a visit is likely on June 30.

Together with Arizona Gov. Doug Ducey (R), he has called on “fellow governors” to send law-enforcement personnel to the Texas border. Florida Gov. Ron DeSantis (R) answered this call on June 16, announcing that state police and some county officers—mainly from the state’s western panhandle region—would head to the Texas border. “It isn’t clear what exactly the Florida officers will be doing at the border or how the mutual aid agreement will work out legally, logistically or strategically,” the Pensacola News Journal reported. DeSantis cited a jump in methamphetamine availability in Florida. About 90 percent of methamphetamine detected at the border, however, is found at official ports of entry, not the spaces in between where Florida law enforcement personnel would presumably be deployed.

GAO issues three reports and decisions about the border

The Government Accountability Office (GAO), a U.S. Congress agency that carries out rigorous audits and evaluations, issued three documents related to the U.S.-Mexico border this week. Two covered the border wall.

On June 15, GAO responded to 122 House and Senate Republicans’ request for a ruling on the legality of President Biden January 20 order pausing border wall construction. Appropriations law requires that Biden spend money specifically assigned for border barrier construction, and the Impoundment Control Act of 1974 requires the President to spend appropriations as directed by Congress.

GAO determined that Biden has not broken the law by pausing wall construction: what has happened so far are “programmatic delays, not impoundments,” and he does not have to spend the money immediately, or could alter how it is spent while still meeting the “border barrier” definition. (The White House’s 2022 budget request goes further, asking Congress to cancel these previous unspent appropriations.) Unlike former president Trump’s refusal to provide assistance to Ukraine—part of his 2019 impeachment—“the delay here is precipitated by legal requirements,” GAO concluded.

A June 17 report looks into the money that President Trump, using an emergency declaration, wrested from the Defense Department’s budget in 2019 and 2020 to build border walls as quickly as possible. GAO found that in response to the Trump administration’s demands, the Army Corps of Engineers, which oversaw wall construction, obligated $10.6 billion for construction contracts. $4.3 billion of that was for “noncompetitive contracts,” which are usually more expensive. 88 percent of the $10.6 billion went to four contractors and two of their subsidiaries.

In the end, by the time President Biden called a halt to wall construction on January 20, the Trump administration had built a full “border wall system”—with electrical hookups, access roads, and similar components—on only 69 miles of the border. The approximately 400 miles of other new and replacement wall was primarily fencing panels without the accompanying components. “While the wall panels are typically the most costly part of border barrier construction, the full wall system remains incomplete,” GAO found.

On June 11, the Biden administration had returned $2 billion of this “emergency” funding back to the Defense Department, where it will be used for military construction programs that were delayed in 2019 and 2020.

The House of Representatives had challenged the Trump administration’s 2019 emergency declaration, alleging that the president had made an end-run around a Congress that refused to approve wall funding. That case is before the Supreme Court, but the Biden administration has asked that it be dropped because the executive branch opposes the precedent of one house of Congress being able to take spending disputes to court.

On June 14, GAO issued a report about how CBP responded to, and was affected by, the COVID-19 pandemic. It found that through February 2021, more than 7,000 of CBP’s 54,500 employees had contracted COVID-19, and 24 died. “Employee absences didn’t generally have a significant impact at air, land, or sea ports, which saw declining traffic, officials told” GAO.

Border Patrol responded to the pandemic, GAO found, by deploying agents closer to the borderline, moving away from interior checkpoints and “nonessential activities” further into the U.S. interior. It also responded with the Title 42 expulsions policy. By rapidly sending most migrants back across the border into Mexico, GAO found, agents reduced their exposure to COVID-19 but also lost opportunities to gain intelligence by interviewing migrants about smugglers and other illegal activity at the border.

Links

  • Homeland Security Secretary Alejandro Mayorkas visited Mexico on June 14-15, his first international trip as secretary. He met with several cabinet members. “We have challenged one another with respect to what more can each of us do to address the level of irregular migration that has persisted for several months,” Mayorkas told reporters, as he echoed Vice President Kamala Harris’s “do not come” message to would-be migrants. Mayorkas discussed with Mexican Foreign Minister Marcelo Ebrard the possibility of phasing out pandemic restrictions on cross-border trade and travel, though no details emerged. Ebrard also raised the issue of southbound flows of weapons purchased in the United States.
  • USAID Administrator Samantha Power also paid a five-day visit to Central America from June 13 to 17, which included several meetings with prominent civil-society figures.
  • Experts from WOLA’s Mexico and Central America/Citizen Security programs published an analysis of U.S. officials’ visits, with a series of recommendations for addressing migration’s “root causes,” engaging with Mexico, and collaborating on a rights-respecting approach to migration.
  • Secretary Mayorkas testified in the House Homeland Security Committee on June 17 about his department’s 2022 budget request. The hearing was notable mainly for several testy exchanges with Republican members.
  • The Wall Street Journal and the Washington Post published reports about families separating on the Mexican side of the border, usually after U.S. authorities expel them under the Title 42 “public health” order. The parents are forced to send their kids across to the United States alone, as unaccompanied children do not get expelled.
  • Janine Bouey, a former LAPD officer and veteran, filed a complaint against Customs and Border Protection (CBP) and DHS alleging that CBP agents sexually assaulted her at San Diego’s Otay Mesa port of entry. She got no result after filing an earlier complaint; this one, filed under the Federal Tort Claims Act, has an assist from Alliance San Diego.
  • Two soldiers based at Fort Hood, Texas were arrested at a Border Patrol checkpoint as they drove a civilian vehicle, in uniform, with two undocumented Mexican migrants aboard.
  • A 7,000-word Rolling Stone chronicle by Seth Harp finds that Mexico’s Gulf Cartel has come to dominate the migrant smuggling business along the easternmost 250 miles of Mexico’s side of the border, in Tamaulipas. (In fact, Harp explains, coyotes are independent, but have to pay the cartel a fee.)
  • The Associated Press reported on the psychological trauma suffered by unaccompanied migrant children held at the massive emergency shelter at Fort Bliss, Texas, while they wait for caseworkers to connect them with relatives or sponsors inside the United States. “Some had marks on their arms indicating self-harm, and federal volunteers were ordered to keep out scissors, pencils or even toothbrushes that could be used as a weapon. While girls made origami and braided friendship bracelets, a large number of the children spent the day sleeping, the volunteer [AP’s source] said. Some had been there nearly two months.”
  • The House Appropriations Committee will mark up (amend and approve drafts of) the 2022 Homeland Security appropriations budget legislation: in its Homeland Security Subcommittee on June 30 and in the full Appropriations Committee on July 13.

Weekly border update: June 4, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

(Due to staff absence, there will be no border update next week. We will report again on June 18.)

Preparations for vice-presidential visit to Mexico and Central America

Vice President Kamala Harris departs for Guatemala late on June 6 for her first foreign trip since taking office. She will spend June 7 in Guatemala and June 8 in Mexico. The trip is part of her designated role as the White House’s point person for partnering with Mexico and Central America on the “root causes” of migration.

Harris and her staff have resisted Republican and some media portrayals of her role as involving the situation at the U.S.-Mexico border. It does not: the vice president is focusing on diplomatic efforts with Mexico, El Salvador, Guatemala, and Honduras. At a June 1 briefing for reporters, vice presidential staff said “she will focus on economic development, climate and food insecurity, and women and young people,” CNN reported.

In past months, Harris has held virtual meetings with Presidents Alejandro Giammattei of Guatemala and Andrés Manuel López Obrador of Mexico. She has met with experts, former officials, and reform advocates from the region and from the United States. The Biden administration has announced $310 million in emergency assistance for the Central American “Northern Triangle” countries. The foreign aid appropriation request that the State Department and U.S. Agency for International Development (USAID) sent to Congress on May 28 asks for $832.6 million in new assistance to Central America for 2022. On May 27 Harris announced that 12 U.S. companies and organizations, including MasterCard, Microsoft, and Nestlé Nespresso, would be increasing their investments in the region.


2022 Foreign Aid Request by Country

  • Belize $250,000
  • Costa Rica $725,000
  • El Salvador $95,800,000
  • Guatemala $127,450,000
  • Honduras $95,800,000
  • Nicaragua $15,000,000
  • Panama $725,000
  • Central America regional funds $496,850,000

Total $832,600,000

2022 Foreign Aid Request by Account

  • USAID Global Health Programs $13,000,000
  • State Department Global Health Programs $43,600,000
  • Development Assistance $391,735,000
  • Economic Support Fund $131,000,000
  • International Narcotics Control and Law Enforcement $219,665,000
  • NADR – Countering Weapons of Mass Destruction $2,000,000
  • International Military Education and Training $4,100,000
  • Foreign Military Financing $27,500,000

Total $832,600,000

This request would increase Foreign Military Financing (FMF), the State Department’s main non-drug military aid program, by a surprising $15.1 million over 2020 levels. That year, the seven Central American countries got a combined $12.4 million, of which only $1.9 million went to the Northern Triangle (El Salvador). In 2021, Congress banned FMF for El Salvador, Guatemala, and Honduras completely. (See Section 7045(a)(2)(D) of Division K here).

We are working to find out which countries would get the expanded FMF in 2022, and for what. The budget request only says: “In Central America, FMF will support the Administration’s Root Causes Strategy by addressing gaps in maritime interdiction and domain awareness capabilities to improve security.”


In her meeting with the president of Guatemala, CBS News reports, Harris “is expected to focus on the administration’s concerns with deep-rooted government corruption, threats to the country’s judicial independence and long-running U.S.-Guatemalan missions to target drug traffickers and the Guatemalan government’s desire for more economic aid, especially in the form of private sector investment.” Harris will also meet “Guatemalan community leaders, innovators and entrepreneurs,” Mazin Alfaqih, the vice president’s special adviser for the Northern Triangle, told reporters.

Concerns about corruption and impunity in Guatemala are growing, as explained in a June 2 statement from the Washington Office on Latin America, the Latin America Working Group, Robert F. Kennedy Human Rights, the Due Process of Law Foundation, and the Center for Justice and International Law. “In Guatemala, the rule of law has continued to deteriorate rapidly since the United Nations-backed International Commission against Impunity in Guatemala was shut down in 2019,” it reads. Recent alarming examples include a refusal to allow anti-corruption judge Gloria Porras to take her Constitutional Court seat, legal actions against prosecutors and judges who have led past anti-corruption efforts, and the impending enactment of a law that would allow the government to dissolve non-governmental organizations.

The leaders will also discuss measures to reduce asylum-seeking migration from Guatemala, whose citizens were “encountered” by U.S. border agents 128,441 times between October and April. The agenda with Guatemala includes increasing “the number of border security personnel,” CNN reports. “The US will also increase the number of its own security forces on the ground to provide training, Alfaqih said.” The White House is also working with Guatemala on the opening of the first of what will be several “migrant resource centers… that would offer assistance to would-be migrants in their home countries.”

In Mexico, beyond her meeting with López Obrador, Vice President Harris will meet with female entrepreneurs and labor leaders, said Hillary Quam, Harris’s special adviser for the Western Hemisphere. The statement from WOLA and colleagues points out serious concerns about “security, the rule of law, judicial independence, human rights violations, and the role of the military” in Mexico. President López Obrador has given the armed forces a host of new internal roles without making the institution more accountable for human rights abuses or corruption. He “has also repeatedly sought to discredit civil society organizations and journalists that he perceives as critical of his government,” including recent demands that USAID stop funding press freedom and transparency organizations in Mexico.

That Harris is visiting Guatemala but not El Salvador and Honduras points to the fraught state of the Biden administration’s relations with the Central American countries whose citizens migrate most to the United States. In all three, the Biden administration plans to provide little government-to-government assistance in its proposed 2022-2025 $4 billion aid package, for which the $832 million request for 2022 is a first tranche.

Giammattei, CBS News observes, “is seen as leading a more stable government than Juan Orlando Hernandez of Honduras, whose brother was indicted in the U.S. for drug possession last year and Nayib Bukele of El Salvador, whose party now has total control of the country’s government and has moved in recent weeks to strip the nation’s judicial sector of many of its rights.” The vice president has not had conversations with Hernández or Bukele; “her staff is finding the best way to engage,” reports the Los Angeles Times’ Tracey Wilkinson.

Secretary of State Antony Blinken was in Costa Rica on June 1 and 2 engaging with some of those other governments. At a meeting with the region’s foreign ministers and Mexican Foreign Minister Marcelo Ebrard, Blinken planned to have “a very frank and honest” exchange of views, Julie Chung, the acting assistant secretary of State for the Western Hemisphere, told Wilkinson. Blinken had separate one-on-one meetings with Ebrard and with the ministers of each Northern Triangle country.

In remarks while in Costa Rica, Blinken warned would-be migrants against taking “a very dangerous journey north,” adding, “People die along the way. They experience violence, and those who do make it to our border are turned around, because the border is not open.”

Some analysts worry that administration officials’ desire to stem migration in the short term could move them in a transactional direction, easing pressure on issues like corruption and democracy when leaders do more to stop migrants. In Honduras, where serious allegations beset President Juan Orlando Hernández, “the Biden administration refuses to denounce him,” writes journalist James Fredrick in a June 3 Washington Post opinion piece. “In fact, Biden administration officials are working with Hernández to try to prevent Hondurans from fleeing.”

The June 2 statement from WOLA and partner organizations voices concern “that in the name of reaching immigration enforcement agreements to limit the number of arrivals at the U.S.-Mexico border, the Biden administration will overlook pressing human rights, rule of law, and governance issues that should be addressed with the governments of Mexico and Guatemala.”

While Mexico and Guatemala have embraced immigration enforcement, partly as a result of U.S. pressure, this neither represents an effective and holistic response to migration, nor should it be a pretext to avoid conversations about corruption, insecurity, judicial independence, and attacks against civil society organizations, journalists and justice officials.

In the midst of these concerning human rights trends, Biden administration officials have praised the Mexican and Guatemalan governments for militarized crackdowns on migrants—actions that provoke further human rights violations. In the April meeting between Guatemalan President Giammattei and Vice President Harris, the governments announced an agreement for the United States to train members of a Guatemalan task force charged with border security and immigration enforcement. Media reports leading up to Harris’s May meeting with López Obrador revealed that U.S. officials are discussing proposals for additional enforcement actions, including asking Mexico to increase detentions and deportations of migrants.

A June 4 letter to Vice President Harris from 17 organizations, including WOLA, similarly calls to ensure “that combating corruption, advancing the rule of law, and promoting respect for human rights will be central to the U.S. approach” toward the region. “At the same time,” it continues, “we are concerned by the continued focus on expanding migration enforcement in the region instead of increasing access to protection for refugees.”

Vice presidential spokespeople would not say whether conversations would cover another area where Mexico has been accommodating: the continued use of the “Title 42” pandemic authority at the border. The United States has employed Title 42 since March 2020 to expel over 200,000 non-Mexican migrants back across the border into Mexico.

Other recent moves have been less transactional. Vice President Harris met recently with four former Guatemalan prosecutors and judges who led anti-corruption efforts. USAID suspended assistance to Salvadoran security and justice institutions whose independence is now deeply in question after President Bukele and his congressional majority fired top judges and the chief prosecutor and redirected the aid to civil society and human rights organizations. In Costa Rica, Blinken said that “we’re meeting at a moment when democracy and human rights are being undermined in many parts of the region,” citing moves against judicial independence, the free press, NGOs, and opposition parties.

“Remain in Mexico” comes to a formal end as administration plans changes to asylum

With a June 1 memorandum, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas brought a formal end to the Trump administration’s Migrant Protection Protocols policy (MPP, also known as “Remain in Mexico”). In 2019 and 2020, MPP forced 71,000 non-Mexican asylum seekers to wait in Mexico for their court hearing dates in the United States, which for many families meant months or years stranded in dangerous Mexican border cities. Human Rights First documented at least 1,544 cases of murder, rape, torture, kidnapping, and other violent assaults committed against those whom the Trump administration forced to “Remain in Mexico.”

On January 20, the new Biden administration paused new referrals into MPP. On February 2, a White House executive order called on agencies to review the program and decide whether to terminate it. Mayorkas’s June 1 memo finalizing the end of “Remain in Mexico” signals the end of that review.

Starting on February 19, the administration started letting into the United States asylum-seekers who had been in Mexico awaiting their court dates. The Los Angeles Times reported on June 1 that 11,200 people with active cases have since been brought onto U.S. soil to await their hearings with relatives or other contacts.

Many more—probably about 15,000—still have pending cases. They are either waiting their turn to be allowed into the United States, in a process managed in cooperation with Mexican authorities, UNHCR, the International Organization for Migration, and NGOs, or their whereabouts are unknown. In addition, tens of thousands more had their asylum cases terminated, usually because they failed to show up on their appointed hearing dates. In at least a few cases, migrants missed those dates because they were actually being held by kidnappers in Mexico. The Biden administration has not decided whether a process will be in place to reconsider their cases.

Meanwhile the Biden administration, with a slowly growing number of exceptions, continues to maintain the “Title 42” pandemic policy. As discussed above, Title 42 has sent well over 200,000 Central American migrants back across the border into Mexico, without a chance to ask for asylum, since March 2020. Administration officials continue to offer no timeline for the policy’s lifting, even as new COVID-19 cases ebb and restrictions ease across the United States.

The result has been a confusing “lottery,” as NBC News puts it, for migrant families. In April, 35 percent of non-Mexican families (16,100 out of 46,499) whom Border Patrol apprehended were expelled under Title 42. The rest, however, got to stay in the United States to pursue their petitions for protection. In the same part of the border at different times, a family with small children can be expelled and a single adult can be allowed in.

The main reason for the inconsistency, Rio Grande Valley Border Patrol Sector Chief Brian Hastings told NBC, “is that some enter on days when Mexico cannot take them back…  ‘When they run out of shelter space a lot of times they were telling different Border Patrol sectors, ‘No, we can no longer take any additional people because we don’t have additional housing or we don’t have additional space in a lot of our facilities.’’”

Meanwhile, BuzzFeed revealed that the Biden administration is planning a significant change to the U.S. asylum system designed to ease immigration courts’ backlog of more than 1.3 million cases for just over 500 judges. It would allow asylum officers—employees of DHS’s U.S. Citizenship and Immigration Services (USCIS)—to decide most asylum cases instead of immigration court judges.

Right now, asylum officers have this power in the cases of asylum-seekers who are already in the United States. For those recently apprehended at the border, though, asylum officers’ role is usually limited to performing initial “credible fear” screenings. Those whose cases meet that standard then move on into the clogged court system.

Instead, many asylum cases would end with the asylum officer’s decision, which could be appealed to the courts. This greater role for asylum officers was a key recommendation developed by the Migration Policy Institute in an October 2020 brief. “DHS officials have estimated that officers could end up adjudicating upward of 300,000 cases a year,” BuzzFeed reports.

More single adult migrants may mean more dehydration and exposure deaths on U.S. soil

The Washington Post and NBC News reported new information raising alarms that 2021 could be a record-breaking year for deaths of migrants on the U.S. side of the U.S.-Mexico border zone. Between 1998 and 2019, Border Patrol reports finding the remains of 7,805 migrants who perished of dehydration, hypothermia, animal attacks, drowning, or similar causes while seeking to avoid apprehension in very remote areas. Advocates insist the real number is much higher.

Between a pandemic-caused economic depression and because Title 42 expulsions make it easy for expelled migrants to cross again, Border Patrol is encountering more single adult migrants in fiscal 2021 than it has since the mid-2000s. The agency encountered adults 108,301 times in April, and Reuters and the Post say preliminary figures point to a further increase in May. Unlike families and children, who are mostly seeking asylum and want to be apprehended, most of this larger number of single adults instead seeks to avoid apprehension. This means they are walking long distances in sparsely populated areas, usually deserts, where the chances of being detected are smaller.

Numbers are up in south Texas’s Rio Grande Valley sector, where for years migrants have perished as they sought to walk around a Border Patrol highway checkpoint in Brooks County, about 80 miles north of the border. Border Patrol Agent Brandon Copp, lead coordinator for CBP’s Missing Migrants Program, told NBC that this spring, even before the weather gets truly hot, he “is already responding to one to two reports of dead bodies found in the Rio Grande Valley sector each week. He said rescues of migrants in distress are up 150 percent year to year, while deaths are up 58 percent.”

Brooks County Sheriff’s Deputy Don White told the Washington Post’s Nick Miroff, “It’s going to be a brutal summer… I’ve never seen so many people coming through, it’s just crazy right now.” The county has already recovered 34 bodies and remains so far this year.

In southern Arizona, where the Pima County (Tucson) Medical Examiner’s office found more remains in 2020 (220) than it had in a decade, “2021 looks like it will be pretty significant as well,” Medical Examiner Greg Hess told the Post. Miroff cites authorities who say “dangerous crossings have also increased” in the mountains of California between San Diego and the Imperial Valley.

Border-wide, Border Patrol “is on pace to make more than 10,000 rescues during fiscal 2021, twice the number recorded in 2019 and 2020,” the Post reveals. A CBP Air and Marine Operations official noted that many of these are happening in “mountain regions, which used to be exclusively narcotics traffic.”

Border Patrol is adding 15 rescue beacons in the Rio Grande Valley so that lost or struggling migrants can more easily call for help, NBC reports. Legislation passed in December 2020 authorizes the addition of up to 170 more rescue beacons border-wide.

The Post notes that the Trump administration’s border wall construction, much of it in Arizona and New Mexico deserts, hasn’t kept migrants from crossing in dangerous areas. “Officials say the barriers have made little difference in terms of where they are encountering bodies or human remains.”

Links

  • WOLA held an event May 27 with partners along the Mexico-Guatemala border to discuss the impact of migrant enforcement policies there. We posted video this week. At Border Report, reporter Julian Resendiz noted panelists’ observations about how corruption enables smuggling in Mexico: “buses or trailers carrying migrants often pass right through some checkpoints after paying a $100 per-head fee.”
  • A June 3 report from the U.S. Government Accountability Office (GAO) found that the Department of Homeland Security’s (DHS) Inspector-General’s Office (OIG) “has not adhered to a number of professional standards for federal OIGs and key practices for effective management.” As a result, oversight of DHS was weakened during the Trump administration, a moment when it was badly needed. During those years, the Department’s leadership was mostly “acting,” and its personnel became involved in controversial missions ranging from family separations to combating protesters in Portland, Oregon and elsewhere.
  • Amid pandemic border closures, drug traffickers have depended more heavily on U.S. citizens to bring their product in from Mexico, the Associated Press reports. “U.S. citizens were apprehended nearly seven times more often than Mexican citizens between October 2020 and March 31 for trying to smuggle drugs in vehicles,” according to Customs and Border Protection (CBP) data AP cites. This is a big jump over “roughly twice as often” in 2018 and 2019. “The use of American citizens kind of ebbs and flows. Drug organizations… are much more adept at changing than the government is,” former Border Patrol sector chief Victor Manjarrez told AP.
  • The Biden administration announced a new plan to speed asylum decisions for migrants recently apprehended at the U.S.-Mexico border, by placing them in a separate immigration docket with the goal of handing down a decision within 300 days. However, “immigrant advocacy groups say that prioritizing speed comes at the cost of due process,” Rolling Stone reported. CBS News points out that during past so-called “rocket docket” experiences, the faster timeframe made it harder for asylum seeking families to secure legal representation. The plan will be rolled out at immigration courts in 10 cities.
  • Texas Governor Greg Abbott (R), who is running for re-election this year, issued a disaster declaration for 34 border counties, citing an “ongoing surge” of migrants and accusing the Biden administration of inaction. Rep. Henry Cuéllar, a conservative Democrat who represents a large swath of borderland, called Abbott’s move “a state version of [former President Donald Trump] declaring a border emergency.”
  • Part of Abbott’s order would end licenses for 52 Texas childcare facilities contracted by the federal Department of Health and Human Services (HHS) to house children who arrived unaccompanied at the border. These facilities were housing 4,223 unaccompanied children as of May 19, the Dallas Morning News reports. (Temporary emergency facilities housing children, like Fort Bliss, Texas, are not licensed and would be unaffected by Abbott’s order.) An HHS spokesperson told the DMN that staff are “assessing” the disaster declaration “and do not intend to close any facilities as a result of the order.”
  • Sen. Rick Scott (R-Florida) announced that he is using procedural mechanisms to slow approvals of the Biden administration’s Homeland Security nominees until the President visits the U.S.-Mexico border. Those whose approvals could be delayed include nominees John Tien for deputy secretary, Jonathan Meyer for general counsel, and Robert Silvers as undersecretary for strategy, policy and plans. It is not clear whether nominees to head CBP and Immigration and Customs Enforcement (ICE) would be affected.
  • Senators Kyrsten Sinema (D-Arizona) and John Cornyn (R-Texas) jointly toured Border Patrol facilities, including migrant shelters and “soft-sided” (tent-based) processing centers for apprehended migrants, in both of their states on June 1 and 2. The senators are co-sponsors of the “Bipartisan Border Solutions Act,” discussed in our April 30 update. The legislation would increase processing capacity and access to legal services at the border, but advocates have criticized provisions that would seek to hand down asylum decisions within as little as 72 hours, raising due process concerns.
  • Reps. Veronica Escobar (D-Texas), Adriano Espaillat (D-New York), and Sylvia García (D-Texas) reintroduced the “Homeland Security Improvement Act” (H.R. 3557), legislation that passed the House in 2019. It seeks to improve internal controls, training, use of force policies, and other aspects of human rights and effectiveness at CBP and elsewhere within DHS.
  • As we await official statistics on migrants apprehended during the month of May, USA Today reports that the number of asylum-seeking family members may be reduced in Texas’s busy Rio Grande Valley. The Catholic Charities respite center, which receives nearly all families let out of Border Patrol custody, was receiving about 800 people a day in April, but “as of May, the organization had seen a decrease to 200 to 300 people daily.” In the USA Today article, local Rio Grande Valley officials and volunteers say that the Biden administration has been “slow” and is not coordinating with them enough on migrant reception.
  • Mexican asylum seekers “are the invisible refugees, a group that has historically been excluded from the U.S. asylum system and rarely featured in the media or even academic research,” in part due to “the uncomfortable and inconvenient political truths that recognizing them would pose for U.S.-Mexico relations,” a team of six U.S. and Mexican researchers writes at NACLA.
  • At Florida Public Radio’s WRLN, Tim Padgett reports on a big recent increase in asylum-seeking migrants from Venezuela at the U.S.-Mexico border, especially in the remote crossing between Ciudad Acuña, Mexico and Del Rio, Texas. Many arrived in Mexico by flying there: reporter Dudley Althaus said “they were sort of what we call business-class border migrants. More professionals and fewer laborers than you see among the Central Americans.”

“Just idiotic”

This guy’s book was self-aggrandizing, boring and repetitive, and taught me very little about what it was like to grow up in poverty in Appalachia. And bald-faced lies like this cruel tweet make me wonder if anything he wrote was true at all.

But you see, J.D. Vance wants to be the next Republican senator from Ohio, now that Rob Portman is retiring—which apparently requires him to go full Trump.

While I doubt that anyone planning to vote for him cares, let the record show: 89 percent of fentanyl is seized at land ports of entry (official border crossings). If any fentanyl was ever seized on the body of one of the 71,000 non-Mexican asylum seekers whom the Trump administration forced to remain in Mexico, I’ve never heard about it.

But research by Human Rights First tells us that at least 1,544 asylum seekers were kidnapped, raped, extorted, or otherwise assaulted since 2019, after the U.S. government dumped them, homeless and vulnerable, in organized crime-heavy Mexican border cities.

Weekly Border Update: May 28, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

Reports, media coverage describe humanitarian emergency at  the border as a result of Title 42

In a column at the Los Angeles Times, three medical providers from the Refugee Health Alliance discussed what they’ve seen at the tent encampment that has sprung up around the Chaparral port of entry, on the Mexican side of the main pedestrian border crossing between Tijuana and San Diego. There, about 2,000 asylum seekers from several countries are waiting for a chance to present to U.S. officials and ask for protection in the United States.

Some are recent arrivals; many are people, including families, whom U.S. border authorities apprehended, then rapidly expelled without a chance to ask for protection. Since March 2020, the expulsions have taken place under a pandemic public health order, known as “Title 42,” that the Trump administration began and the Biden administration has continued.

“We’ve seen how this expulsion policy has caused a humanitarian emergency in northern Mexico,” write Psyche Calderon, Hannah Janeway, and Ronica Mukerjee. “We have seen increasing dehydration, malnutrition and infectious diseases associated with overcrowding. At an encampment in Tijuana that shelters some 2,000 asylum seekers, there are no formal sanitation facilities; gastrointestinal illnesses are causing severe illness in newborns and young children.”

The op-ed highlights other recent striking statistics from the border, including research that found “More than 80% of LGBTQ refugees in Baja California [the state of which Tijuana is the capital] reported surviving an assault in Mexico from mid-February to March.” 

In another recent report, Julia Neusner of Human Rights First interviewed more than 110 asylum seekers waiting in Tijuana, both at the encampment and elsewhere in the city. She found that many are threatened: “The U.S. government is delivering those expelled under Title 42 straight into the hands of criminal organizations, who extort their family members in the United States for ransom. Nearly a quarter of the fifty families I interviewed who had been expelled under Title 42 had been kidnapped in Mexico.” The report notes that Human Rights First has documented  “more than 492 public reports of assaults, rapes, kidnappings, and other violent attacks against asylum seekers impacted by Title 42 since the Biden administration took office.”

As noted in recent weekly updates, a similar encampment of asylum seeking migrants, mostly made up of people expelled under Title 42, has also sprung up on the eastern end of the border, in Reynosa, Tamaulipas.

(Encampments at the border also came up during a May 26 congressional hearing, when the ranking Republican on the Senate Appropriations Subcommittee on Homeland Security, Sen. Shelley Moore Capito (R-West Virginia), asked Department of Homeland Security (DHS) Secretary Alejandro Mayorkas about “tent cities that have been set up on the northern border of Mexico, I’m assuming, I think those for set up for the adults that are waiting for this Title 42 authority to go.” (This is incorrect, the ‘tent cities’ include many families.) In his response, Mayorkas made no mention of the encampments in Tijuana and Reynosa. He centered his answer on an earlier encampment, in the city of Matamoros, where those subject to the Trump administration’s “Remain in Mexico” policy had been living until the Biden administration terminated the policy earlier this year.)

Pressure on Biden to end Title 42

As a May 24 New York Times analysis indicates, the humanitarian effect of expulsions, ongoing litigation to stop them, and expressions like the UNHCR’s call to end Title 42 discussed in last week’s update, are putting great pressure on the Biden administration to end the policy.

Times reporter Zolan Kanno-Youngs notes that Vice President Kamala Harris, who as a senator signed a letter opposing Title 42, “has changed her view on the policy.” Kanno-Youngs tweeted on May 26, “In a private call yesterday for advocates, a White House official, Alida Garcia, was asked about the rule. She called it ‘a tool for the pandemic.’ Did not give timeline.” 

Administration officials insist that they are working hard to build capacity to receive and process asylum seekers at the border. “Building asylum back better,” Mayorkas put it during the May 26 hearing. Part of that is the construction of a second Customs and Border Protection (CBP) “Central Processing Center” in El Paso, supplementing one built in early 2020, that may be large enough “to accommodate 965 detainees and a staff of 200 for the processing and temporary holding of migrants who have crossed into the U.S.,” the El Paso Times reported. Plans for the new processing center actually began under the Trump administration, using funds Congress assigned in a mid-2019 emergency supplemental appropriation.

Part of the gradual opening of asylum capacity and gradual closure of Title 42 is the deal between ACLU lawsuit plaintiffs and DHS, reported in last week’s update, to allow 250 families or individuals to enter the United States each day to begin their asylum claims. Now, at the Chaparral port of entry in Tijuana, KPBS reports, “Every morning and afternoon, Customs and Border Protection agents call out names.” It adds,

Deciding who ends up on the list that gets sent to the U.S. government is up to these service providers on the ground in Tijuana. Groups including Al Otro Lado and Casa del Migrante have been working with migrants in the camp and nearby shelters to help identify some of those 250 individuals. It’s based not on their claims of asylum from their home countries, but how much danger they face in Mexico.

“However,” the above-cited medical providers say in their May 27 LA Times op-ed, “this is nowhere near sufficient to address the widespread human rights violations and humanitarian crisis we see every day in Tijuana.”

In a whistleblower complaint, two subject-matter experts who do work for the Department of Homeland Security (DHS) Office of Civil Rights and Civil Liberties (CRCL) denounced the harms of family detention and found that Title 42 is causing the “de facto separation of children from their families, just on the Mexican side of the border.” The complaint is managed by the Government Accountability Project and was shared by the New York Times.

“There is even less of a public health justification now, when, more than a year later, arriving asylum seekers could be easily screened and tested, and currently those over 16 vaccinated, in a way that protects the public health,” the medical experts wrote.

Mayorkas testimony on eve of budget submission

The Biden administration is to submit its detailed DHS 2022 budget request (along with the rest of the federal budget) on May 28. As of this writing on the morning of the 28th, it has not appeared yet. As noted above, DHS Secretary Mayorkas testified before Senate appropriators about the funding request on May 26.

On April 9, the White House had submitted an overview document, called the “skinny budget,” that provided a few top-line numbers:

  • $52 billion for DHS overall (Mayorkas said $52.2 billion on the 26th), “approximately equal to the 2021 enacted level.”
  • $1.2 billion for border infrastructure: for ports of entry, technology, and custody of migrants, but none of it for border wall-building. Prior years’ border wall appropriations would be canceled.
  • Big increases in budget for the offices of professional responsibility (internal affairs) at CBP and Immigration and Customs Enforcement (ICE), and for DHS’s office of Civil Rights and Civil Liberties, which receives complaints.

Sen. Capito criticized the budget request’s lack of an increase for DHS over 2021 levels: “Despite every other agency receiving substantial increases in funding, the Department of Homeland Security stands alone as the only department held virtually flat from last year.” However, the $52 billion in 2021 and 2022 is $10 billion more than 2017, $5 billion more than 2018, $3 billion more than 2019, and nearly $2 billion more than 2020.

Mayorkas told The Washington Post that DHS does not plan any 2022 cuts to staffing or detention capacity at ICE. He promised the subcommittee that the Biden administration would notify the appropriators if dealing with the 2021 increase in migration makes it necessary to reprogram or transfer funds from other DHS accounts. “I would anticipate that we will indeed seek a reprogramming, but that’s something that we are assessing right now.”

The stop to border wall funding and the overall leveling-off of the budget could make the Homeland Security bill’s passage contentious in the Senate Appropriations Committee. Though it is chaired by Democrats in the 50-50 Senate, the Committee has 15 Democrats and 15 Republicans, leaving little room for maneuver to full committee chairman Sen. Patrick Leahy (D-Vermont) and Homeland Security Subcommittee Chairman Sen. Chris Murphy (D-Connecticut).

Unaccompanied children updates

During three of the past four weeks, the daily number of non-Mexican migrant children arriving unaccompanied at the U.S.-Mexico border has stayed within a daily average of 360 to 390 per day. (During the other week, the number was even lower.) This rate of arrivals points to about 11,500 non-Mexican unaccompanied children (plus perhaps 2,000 Mexican children who are quickly deported) during the month of May—a significant drop from 16,500 non-Mexican kids in March and 14,700 in April.

The population of children in Border Patrol’s inadequate holding facilities, awaiting handoffs to the Office of Refugee Resettlement’s (ORR) network of short-term shelters, has leveled off in the 600s. Handoffs from Border Patrol to ORR are mostly happening within 24 hours—not more than a week, as was happening in late March and early April.

The number of children in ORR custody, including 13 large and increasingly controversial temporary emergency shelters, remains over 18,000, though this population is at its lowest level in about six weeks. During three of the past four weeks, ORR has discharged an average of more than 500 kids per day to relatives or sponsors in the United States, with whom they will live while their protection claims are adjudicated. With about 360-390 children being newly apprehended and over 500 discharged each day, the population of unaccompanied kids in U.S. government custody is gradually but steadily decreasing.

Press reports are uncovering troubling details about life in ORR’s emergency shelters. While the agency prohibits nearly all access to the facilities and requires employees to sign non-disclosure agreements, reporters have talked to some discharged children and to some unidentified employees about what’s going on inside.

A 16-year-old who spent several days at Border Patrol’s tent-based processing facility in Donna, Texas told the BBC “there were 80 girls in her cubicle and that she and most of the children were wet under their blankets, due to dripping pipes. ‘We all woke up wet,’ she said. ‘We slept on our sides, all hugged, so we stayed warm.’” Other children at Donna told of being given expired, rotten, or uncooked food. Some went many days at a time without being able to shower, and contracted lice. A 10-year-old girl told BBC “the guards threatened the children if they did not keep their cramped quarters clean. ‘Sometimes they would tell us that if we were doing a lot of mess, they were going to punish us by leaving us there more days.’”

At the Dallas convention center where ORR is keeping hundreds of kids who need to be placed with relatives or sponsors, “The children always complain about not having enough, not eating enough,” a staff member told BBC, adding that the site is cold, the boys each have one thin blanket, they are forced to spend most of their time by their cots in the main convention hall, and are given only 30 minutes of indoor recreation twice per week.

4,500 children are currently at an emergency shelter site at Fort Bliss, a large Army base outside El Paso, Texas, a site that can hold up to 10,000. There, a source told BBC, “hundreds of children are in Covid isolation, and there are designated tents at the site now for scabies and lice, of which there are also outbreaks. Sources say the living conditions are unsanitary, and that there has been at least one report of sexual abuse in the girls’ tent.”

A 16-year-old Guatemalan boy who spent 25 days at Fort Bliss told CBS, “We were trapped. We would only go to the bathroom and return to the cots.” Even though his mother was in the United States and willing to sponsor him, he did not get to talk to a case manager for three weeks.

Of the 4,500 unaccompanied kids at Fort Bliss as of May 14, government data seen by CBS andVice show, nearly 600 had been there for at least 40 days. 1,675 had been there for at least 30 days.

Vice reports that the contractor hired to set up and administer the Fort Bliss site, Alabama-based Rapid Deployment Inc., has received $614.3 million for its services; the contracts expire May 30 but could be extended through October. Rapid Deployment has built emergency shelters for natural disaster victims, but is not experienced in childcare.

The Health and Human Services Department (HHS), which oversees ORR, has abandoned plans to use the Fort Bliss facility to shelter “tender age” children (under 12 years old), CBS reports. Rep. Veronica Escobar (D-Texas), who represents El Paso, toured the Fort Bliss site on May 21 and told Vice that she “left convinced that ‘mega sites’ are a bad idea.’” She continued, “We need to break down these big sites. I find them depressing and disheartening. The bigger the bureaucracy, the bigger the facility, the bigger the problem. I’ve made that very clear.”

Links

  • A DHS Office of Inspector General report dated May 18 found that between July 2017 and July 2018, “ICE removed at least 348 parents separated from their children without documenting that those parents wanted to leave their children in the United States. In fact, ICE removed some parents without their children despite having evidence the parents wanted to bring their children back to their home country.” This comes after a scathing mid-January Justice Department Inspector General report, which found that then-attorney general Jeff Sessions and other officials knew that mass family separations would result from their policies, and didn’t bother to prepare the responsible agencies ahead of time.
  • In two separate incidents this week, medical personnel in Sunland Park, New Mexico, just west of El Paso, had to medically evacuate people who fell from the border wall. One was a 39-year-old Mexican woman who “suffered serious head injuries.” Sunland Park’s fire chief told Newsweek, “There are rope ladders and other tools to help migrants climb up on the Mexico side but nothing to assist them on the U.S. side, so scaling down the steel bars is a dangerous feat.” In fact, this week on the Mexican side across from Sunland Park, in western Ciudad Juárez, immigration authorities recovered two more people who suffered injuries after falling from the wall. 
  • Those who perform initial “credible fear” interviews of asylum seekers “are not trained psychologists, therapists, or social workers,” writes attorney Elizabeth Silver at the Los Angeles Review of Books. “In many cases, they are not even trained asylum officers; in fact, they are often Customs and Border Protection officers with limited training in the interview process and an entire background based in law enforcement.”
  • The Associated Press details how two immigration judges were responsible for many of 5,600 “Remain in Mexico” cases that got dismissed in San Diego during the Trump administration. In some cases, due process for asylum seekers was likely violated. At times, so that Mexico would take them back, CBP sent them across the border with “tear sheets” showing court dates that were, in fact, fake.
  • A delegation of 12 Republican members of the House Border Security Caucus was “physically restricted” from visiting the Drug Enforcement Administration’s El Paso Intelligence Center (DEA EPIC), Fox News reported. In past years, WOLA has also been refused permission to visit the secretive facility, located on the grounds of Fort Bliss.
  • “Border Patrol agents have apprehended 2,217 Romanians so far in fiscal year 2021, more than the 266 caught in fiscal 2020 and the 289 in fiscal 2019,” Reuters reports, noting that they are mostly members of the frequently persecuted Roma ethnic group.
  • Several ICE detention centers around the United States are experiencing spikes in COVID-19 cases. The agency blames newly arrived immigrants, while critics say it is failing to systematically administer vaccines to detainees, according to the Arizona Republic and the American South. The mid-May population in ICE detention centers (19,041) is much lower than pre-pandemic levels, but 34 percent greater than at the end of the Trump administration. This is in large part due to more adults apprehended at the border and not expelled under Title 42.
  • The New Yorker features a short film by Erin Semine Kokdil, “Since You Arrived, My Heart Stopped Belonging to Me,” telling the story of Central American mothers searching in Mexico for migrant children who disappeared there.
  • Using some remarkable e-mail communications obtained through a Freedom of Information Act request, Bob Moore at El Paso Matters reconstructs Border Patrol’s plan to carry out a “shock and awe” crowd control exercise in the city on Election Day 2018. The plan was abandoned at the last minute. “Not sure it’s going to deter anyone at this point in their journey but it sure will rile up the local advocacy groups,” a Border Patrol agent in charge wrote in one of several memorable e-mails.

Weekly Border Update: May 21, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

Title 42’s gradual loosening continues

The UN High Commissioner for Refugees, Filippo Grandi, issued an unusually direct statement on May 20 voicing alarm about a major state’s treatment of protection-seeking migrants. Grandi called on the U.S. government “to swiftly lift” the pandemic measure known as “Title 42,” for the part of the U.S. Code that allows border closures during quarantines. Since March 2020, Title 42 has swiftly expelled more than 750,000 undocumented migrants apprehended at the border back to Mexico or their countries of origin—including nearly all migrants who would seek asylum or other protection.

The Trump administration justified the mass expulsions in the name of public health, though later reporting revealed that the Centers for Disease Control and Prevention (CDC) did not view it as necessary to expel asylum seekers. Still, the Biden administration has maintained the expulsions order, with no timetable for lifting it.

“The use of Title 42 is not a source of pleasure, but rather frankly, a source of pain,” Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said on April 30, adding “the timeline is as quickly as possible.” Todd Miller, the official performing the duties of Customs and Border Protection (CBP) commissioner, told the House Appropriations Committee on May 19 that his agency is “preparing for the eventuality of Title 42 to be lifted.”

The UNHCR statement calls on the United States “to restore access to asylum for the people whose lives depend on it, in line with international legal and human rights obligations.” Grandi acknowledges that in its first four months, the Biden administration has been building capacity—CBP’s Miller mentioned five “soft-sided,” or tent-based, processing facilities coming online near ports of entry—and is now allowing a few vulnerable asylum-seekers to present in the United States. “A system which allows a small number of asylum seekers to be admitted daily, however, carries with it a number of risks, and is not an adequate response.”

As noted in last week’s update, DHS has stopped a program of daily flights that were transporting asylum-seeking Central American families from parts of the border where Mexico was not allowing expulsions with young children, to other parts of the border where Mexico does allow such expulsions. That update also noted an agreement with the American Civil Liberties Union (ACLU), which has been in negotiations with the Biden administration over a lawsuit challenging Title 42 expulsions of families, to allow 35 of the most vulnerable expelled family members to re-enter the United States to pursue their protection claims on U.S. soil.

That number expanded this week. The ACLU told CBS News on May 18 that DHS has agreed to allow up to 250 of the most vulnerable asylum seekers to present inside the United States each day. “So far, 2,000 asylum-seekers have been admitted into the U.S. through the ACLU’s negotiations with the Biden administration,” the ACLU’s Lee Gelernt told CBS.

The modest increase in access to asylum is a stopgap measure. The 250 would be identified by advocacy groups. This “puts the burden of deciding who gets access on NGOs, which is really not our role,” Tracey Horan of the Kino Border Initiative in Nogales, Arizona told Public Radio International (PRI). The loosening of Title 42 is no substitute for the ACLU lawsuit, Gelernt told PRI. “We are troubled, to say the least, that the Biden administration has chosen to keep a Trump administration policy that was always a sham, was never justified by public health.”

Meanwhile, about 700 expelled asylum seekers remain stranded in the dangerous border city of Reynosa, Tamaulipas, Mexico. A tent encampment in the Plaza de la República  near the port of entry is to be moved about a mile west to a space next to Reynosa’s church-run Senda de Vida shelter.

Remain in Mexico continues to unwind

The Biden administration meanwhile continues a slow but steady unwinding of the Trump administration’s Migrant Protection Protocols, or “Remain in Mexico,” policy, which in 2019 and 2020 sent more than 71,000 asylum-seeking migrants from Spanish and Portuguese-speaking countries back across the border into Mexico to await their U.S. hearings. After canceling Remain in Mexico on January 20, the administration has been working with UNHCR and other humanitarian agencies to bring asylum seekers into the United States to pursue their claims.

As of the end of April, Syracuse University’s TRAC Immigration data project reports, 8,387 asylum seekers had been brought into the United States under the Remain in Mexico unwinding. Another 18,087 people with open cases remained in Mexico. By May 14, the number permitted to enter the United States had risen to 10,707, a UN official told Border Report. “They’re extremely happy to be back. The program is unwinding extremely well. It was well thought out, well planned,” added Ruben Garcia of El Paso’s Annunciation House shelter.

Beyond the approximately 26,500 who still had open cases when the Biden administration took over, many migrants subject to “Remain in Mexico” had missed their court dates in the United States due to security reasons or other obstacles to showing up at a Mexican border city’s port of entry at the appointed time. Some were even being held by kidnappers when they were supposed to appear in court. As a result, U.S. immigration courts threw out their asylum claims because they were no-shows. BuzzFeed reported this week that DHS officials “have agreed that those ordered deported in absentia should have their cases reopened.”

One migrant subject to “Remain in Mexico” who will never get the chance to pursue his asylum case in the United States is Cristian San Martín Estrada, a citizen of Cuba. Estrada had been waiting in Mexico since 2019, when he was returned as an 18-year-old asylum seeker. He was scheduled to re-enter the United States “in the coming days,” according to a tweet from the UN High Commissioner for Refugees. Cristian San Martín Estrada was shot to death in Ciudad Juárez on the evening of May 17.

Documents reveal a CBP counter-terror unit’s focus on asylum lawyers

The Santa Fe Dreamers Project, a public interest law firm, shared with ProPublica’s Dara Lind some documents obtained from CBP through a Freedom of Information Act lawsuit. They reveal that U.S. asylum lawyers were flagged and interrogated by a secretive CBP unit, its “Tactical Terrorism Response Team,” apparently based on questionable and politicized intelligence.

El Paso-based asylum lawyer Taylor Levy (interviewed about her work in a May 2020 WOLA podcast) tells ProPublica that CBP held her for hours at the port of entry in January 2019, when she returned from dinner with friends in Ciudad Juárez. ProPublica reports, “She didn’t know why she was being questioned by an agent who’d introduced himself as a counterterrorism specialist,” along with attorney Héctor Ruiz.

The documents revealed that the Tactical Terrorism Response Team was acting on incorrect intelligence alleging that Levy had met with members of a October 2018 migrant “caravan.”

These “caravans”—migrants who, seeking to avoid having to pay a smuggler, attempted to cross Mexico in large groups for safety in numbers—never added up to more than a single-digit percentage of migration from Central America to the United States. Today, Mexican or Guatemalan forces tend to disperse caravans long before they get anywhere near the U.S. border.

Nonetheless, the caravan phenomenon had alarmed the Trump administration and conservative media outlets, leading the president to send active-duty troops to the border, where some remain today. Now we know that the Trump administration also devoted CBP’s counter-terrorism resources to caravan-related missions, and that it cast its net so widely as to include asylum lawyers.

Among the documents newly released to the Santa Fe Dreamers Project is a remarkable mid-2019 Border Patrol intelligence report from El Paso, which reads more like a Breitbart editorial than the work of intelligence professionals:

Mass migration from South America into the United States is said to be coordinated at some level by non profit organizations who wish to line their pockets with proceeds deriving from migrants transportation fees up to the U.S Mexico border, and ultimately proceeds deriving from the migrants paying for their asylum case lawyers once they have arrived to the United States.

The report, ProPublica states, “goes on to associate this effort with ‘other groups such as Antifa,’” which is not in fact a “group.”

Taylor Levy’s colleagues recall that she was critical of the migrant caravan tactic, and had not met with its members, nearly all of whom went to Tijuana, not Ciudad Juárez. Ruiz, the other lawyer, had spoken to an assembly of caravan participants when they passed through Mexico City, advising them about the stringency of U.S. asylum law and the low probability that those with unclear claims would be allowed to stay.

Levy and Ruiz “also recall being asked about their beliefs,” ProPublica continues. “Levy remembers an agent asking her why she worked for a Catholic aid organization if she didn’t believe in God, while Ruiz told ProPublica they were asked about their opinions of the Trump administration and the economy.”

A modest increase in unaccompanied children, amid concerns about emergency shelters

After weeks of steady decline, including a sharp drop during May 9-13, Border Patrol encountered a larger number of non-Mexican unaccompanied migrant children during May 16-19. The agency averaged 393 encounters with unaccompanied kids so far this week, similar to the 387 daily encounters two weeks ago but up sharply from last week’s 268.

This may just be a normal fluctuation, while arrivals of unaccompanied kids remain over 100 per day fewer than they were  in late March and early April. Other possible explanations could be seasonal variation, as May is often the heaviest month of the year for migration; smugglers adjusting to Mexico’s increased migrant interdiction efforts; more parents expelled under Title 42 making the gut-wrenching decision to separate and send their children across the border alone; or an increase in children from one or two particular countries.

The number of “encountered” children in Border Patrol’s holding facilities remains a tiny fraction of what it was, an average of 736 per day this week, compared to more than 5,000 at the end of March. This means that the agency remains able to hand unaccompanied kids over quickly to the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services (HHS). A 2008 law requires that ORR shelter non-Mexican children while seeking to place them with relatives or other sponsors in the United States, with whom they stay while the immigration court system considers their asylum or protection needs. (Most Mexican children are quickly deported, as the law allows, regardless of their protection needs.)

As of May 19, ORR had 19,344 unaccompanied migrant children in its shelter system. The agency expanded its capacity by hastily opening up 13 emergency facilities around the country, at sites like convention centers, tent camps, and a U.S. Army base, Fort Bliss, in El Paso.

Unlike ORR’s normal shelters, these emergency facilities are not licensed childcare facilities: instead, they more closely resemble shelters for hurricane evacuees, with rows of cots in giant rooms and few activities to pass the time. On May 14 HHS Secretary Xavier Becerra visited one such site, at the Long Beach, California convention center. He acknowledged that conditions at the various emergency facilities vary “site by site.”

Child welfare advocates have voiced alarm. Lawyers permitted to visit facilities under the 1997 Flores settlement agreement described to CBS News “limited access to showers, soiled clothes and undercooked food” and children feeling “sad and desperate,” even suicidal.

“As of late April,” CBS notes, “more than 300 migrant boys had spent over 50 days at a Dallas convention center” with no ability to go outside. At Fort Bliss, “multiple white tents…each house about 900 children, who sleep on bunk cots.” About 4,400 children are currently at the army base, and the number could grow to 10,000 as the pandemic’s ebbing causes other facilities, like convention centers, to revert to their original purposes.

“I know the administration wants to take a victory lap for moving children out of Border Patrol stations—and they deserve credit for doing that,” Leecia Welch of the National Center for Youth Law, one of the lawyers permitted to tour some facilities, told the New York Times. “But the truth is, thousands of traumatized children are still lingering in massive detention sites on military bases or convention centers, and many have been relegated to unsafe and unsanitary conditions.”

Under great pressure to do so, ORR has been working to speed its discharges of children from shelters to families and sponsors. The agency has discharged an average of 481 children per day this week, down slightly from over 500 during the previous two weeks. An HHS official told CBS News that children are spending an average of 29 days in its shelters, down from 42 days in late January. Obstacles to faster discharges include a shortage of case officers and the time-consuming nature of vetting relatives and sponsors, including background checks, to ensure that children will be safe with them.

Links

  • The Department of Homeland Security (DHS) is closing two ICE detention centers where alleged abuses of inmates had been widespread. The Irwin County Detention Center in Ocilla, Georgia gained notoriety last September when women detained there said they had been subject to non-consensual hysterectomies and other surgeries. Also closing is the C. Carlos Carreiro Immigration Detention Center in North Dartmouth, Massachusetts.
  • On May 12, DHS requested that the Defense Department extend the Trump administration’s National Guard deployment at the border beyond September 30, when fiscal year 2021 ends. “The Department is currently considering that request,” Defense Department spokesman Lt. Col. Chris Mitchell said on May 18. Defense Department press secretary John Kirby would not confirm whether a post-September border presence would include active duty troops in addition to National Guardsmen, an unusual deployment that Trump launched in 2018. About 4,000 guardsmen remain at the border.
  • The number of internal affairs officers at CBP—professionals who investigate claims of corruption, human rights abuse, or other malfeasance—increased from 174 in 2015 to 252 in 2019. The agency would need about 750, the Cato Institute reports, to have a ratio of agents to internal affairs officers comparable to that of the New York Police Department.
  • Lawyers working with the Biden administration have located 54 more parents whom the Trump administration separated from their children in 2017 and 2018. “Now the parents of 391 children have yet to be reached, down from 445 in April,” NBC reported. Roughly 1,000 families remain separated overall. Meanwhile, as BuzzFeed reminds, it is still CBP policy to separate asylum-seeking children traveling with non-immediate relatives, like aunts or uncles.
  • The latest Metering Update from the University of Texas Strauss Center finds 18,700 names of asylum seekers waiting their turn to approach still-closed ports of entry in eight Mexican border cities—a 15 percent increase from February. The authors warn that border cities’ waitlists have become an inexact indicator of trends: many on the lists have since sought to cross between ports of entry, returned or been deported to their countries of origin, or moved elsewhere in Mexico, while new asylum seekers continue to arrive and don’t always sign on.
  • “Rather than attempting to drive down migration through more-stringent enforcement, Biden officials in recent weeks have been seeking to change the perception that high border numbers equate with a crisis, a failure, or even something manifestly negative,” reports Nick Miroff at the Washington Post.
  • January 23 was the date that Tamaulipas, Mexico stopped taking back expelled non-Mexican families with children under age 7, according to House Appropriations testimony from Todd Miller of CBP. After Mexico and Central America’s “Northern Triangle” countries, Miller revealed, the next six countries whose citizens Border Patrol is currently apprehending at the border are Ecuador, Cuba, Brazil, Venezuela, Haiti, and Nicaragua. More Brazilians are arriving “on the western flank” of the border.
  • On May 27 at 11am ET WOLA is hosting with a webinar with the  Fray Matías de Córdova Human Rights Center, La 72 Migrant Shelter, and the Jesuit Migration Network-Guatemala about the impact of migration enforcement policies in Mexico and Guatemala. You can register for the event here.

Weekly Border Update: May 14, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here

Migration at the border flattened out in April

Despite spring normally being a time of greater migration, Border Patrol’s “encounters” with undocumented migrants crept up by only 2.5 percent from March to April. The surprisingly slow growth comes after encounters increased 30 percent in February and 73 percent in March.

With 173,460 migrants encountered, April 2021 was still Border Patrol’s heaviest month in 21 years (180,050 in April 2000). That number, though, counts “encounters” and not individual “people.” There is much double-counting: “CBP has reported that about 40 percent of the adults it arrests are ‘recidivists’ or repeat offenders,” according to the Washington Post.

That is a far higher recidivism rate than in recent years: it ranged from 7 to 16 percent between 2013 and 2019. Border Patrol first started reporting this rate in 2005, when it estimated 25 percent; the highest total before now was 29 percent recidivism in 2007.

Repeat crossings are more frequent now because of the pandemic border closure measure, known as “Title 42,” that the Trump administration put in place in March 2020 and the Biden administration has continued (public health experts have strongly criticized the “Title 42” measures as having no basis in protecting public health). In the name of preventing the spread of COVID-19, Border Patrol has been quickly expelling most migrants, usually with no opportunity to ask for asylum. This means most migrants from Mexico, El Salvador, Guatemala, and Honduras are expelled across the border into Mexico. 

Download a PDF packet of charts and graphics at bit.ly/wola_border.

Border Patrol expelled 63 percent of migrants it encountered in April, the same proportion as March. In December 2020, the Trump administration’s last full month in office, expulsions stood at 85 percent.

Expulsion is a hardship for protection-seeking migrants, who normally seek to turn themselves in to CBP or Border Patrol. For migrants who wish to avoid being apprehended, though, expulsion has made the process easier: if they are caught, they get taken back across the border within hours, usually without even seeing the inside of a Border Patrol station, and in many cases try to cross again.

Single adult migrants are more likely than children or families to attempt to avoid apprehension, and thus to try crossing again after being expelled. Border Patrol’s encounters with single adults increased by 12 percent from March to April, to 108,301. Trying to avoid apprehension often means taking dangerous routes, such as through remote desert areas or by sea, and it appears that more migrants are dying on U.S. soil or in U.S. waters, the Wall Street Journal reported this week.

Encounters with unaccompanied children and members of family units, though, plummeted 10 percent—a result that almost nobody foresaw in March, when children and families increased by 102 percent and 177 percent, respectively.

Border Patrol encountered 48,226 family members, down 5,000 from March. The sharpest one-month decrease was in families from Guatemala (-29 percent) and Honduras (-22 percent), while families from “other countries”—neither Mexico nor Central America’s “Northern Triangle” region—jumped by 34 percent, to 14,448.

This appears to be an outcome of the Title 42 expulsions into Mexico. 48 percent of family members from El Salvador, Guatemala, and Honduras were expelled, similar to 47 percent in March (we reported a smaller percentage a month ago, but CBP radically revised its family expulsion data). With a roughly 50-50 chance of being expelled or being allowed to petition for asylum or protection inside the United States, Central American families face a confusing set of outcomes that smugglers are exploiting, reports Lomi Kriel at ProPublica / Texas Tribune. By contrast, Border Patrol expelled just 5 percent of family members from “other countries”—often places like Cuba or Venezuela where sending expulsion flights is not currently possible.

As noted in past updates, numbers of unaccompanied children continue to drop, even though the Biden administration is not expelling non-Mexican children who arrive. Border Patrol encountered an average of 268 non-Mexican children per day between May 9-12. This is a sharp drop from the 387 average of May 2-6, and the high 400s logged in late March and the first three weeks of April. 

The agency encountered 2,268 Mexican children in April, almost identical to March (2,277). While almost none were expelled under Title 42, most were quickly repatriated back to Mexico, as was the norm before the pandemic, because the 2008 law requiring that unaccompanied children go into the asylum system only applies to kids from non-contiguous countries.

Download a PDF packet of charts and graphics at bit.ly/wola_border.

Only a daily average of 493 children were being processed in Border Patrol facilities during May 9-12, down from well over 5,000 in late March and early April. Nearly all were handed over to the Office of Refugee Resettlement’s (ORR) network of shelters within about 24 hours. The population of unaccompanied children in ORR shelters has also dropped to 20,397, the fewest since April 19 and down from an April 29 high of 22,557.

These shelters, which include convention centers, tent facilities, and a military base, face serious challenges of crowding, living conditions, and logistics, the New York Times reported, sharing an internal “senior leader brief” showing a thorough level of data collection. This week, the Dallas Morning News found that ORR had been keeping unaccompanied children for days at a time on buses parked outside a Dallas convention center that it is using as an emergency shelter. Politico reported that the White House has been leaning hard on Health and Human Services Secretary Xavier Becerra, whose department oversees ORR, to speed the pace at which the agency releases children to relatives or sponsors in the United States.

Late March predictions that ORR would need bed space for 34,000 or more children are now looking too pessimistic. With the drop in child and family migration has come a notable drop in press coverage of events at the border.

Family expulsions have generated a quiet crisis of family separation in Mexican border cities, as expelled parents, aware that unaccompanied children don’t get expelled, make the painful decision to send their children back into the United States alone. “Between January 20 and April 5, Border Patrol agents came across at least 2,121 unaccompanied migrant children who had been previously expelled,” CBS News reported. That is 24 family separations per day—one per hour.

Title 42 is easing, slightly

In April CBP expelled people 111,714 times under the Title 42 pandemic authority. On May 13 Department of Homeland Security (DHS) Secretary Alejandro Mayorkas told the Senate Homeland Security Committee that he did not have a timetable for lifting Title 42. Recent weeks, though, have seen some modest changes to the policy’s application to asylum seekers.

On May 12 CBS News got confirmation from CBP that the agency, citing “operational needs,” has stopped flying families from south Texas, where the bordering Mexican state of Tamaulipas has been limiting expulsions of families with small children, to other parts of the border where expulsions are easier. Since March 8, near-daily planeloads of people had been taking Central American families from McAllen, Texas to El Paso, Texas and San Diego, California. Witness at the Border, which monitors ICE flights, detected 60 of these “lateral” flights in April and 108 between March 8 and April 30, enough to expel about 10,000 people.

Once in El Paso and San Diego, DHS personnel were taking families to the borderline and leaving them in Mexico, often without telling them where they were or what was happening to them. Human Rights First discussed some of the families’ treatment at the hands of Border Patrol and other DHS personnel in a May 13 memo. U.S. media outlets have reported on tearful, disoriented families who had just been flown thousands of miles to be expelled.

The lateral expulsion flights have now stopped, although DHS is still busing some families from south Texas’s Rio Grande Valley region about four hours west to Laredo, in order to expel them into the organized crime-dominated border town of Nuevo Laredo. At a May 13 Senate Homeland Security Committee hearing, Sen. Josh Hawley (R-Missouri) accused DHS Secretary Mayorkas of canceling the expulsion flights in response to “left-wing groups.”

Another tiny erosion into Title 42 is a small but growing number of humanitarian exceptions for some of the most vulnerable expelled migrants who wish to seek asylum in the United States. “The latest plan is kicking off on a pilot basis,” a source told CNN, “adding that families will be put in immigration proceedings” in the United States. In recent weeks, about 35 vulnerable families a day have been exempted from expulsions, at the recommendation of the American Civil Liberties Union (ACLU), which is the plaintiff in a lawsuit against DHS seeking to overturn Title 42. It is not clear to what extent that number may expand. On May 13 the ACLU agreed to the latest in a series of delays to that lawsuit; the next deadline is May 25.

Border drug seizure data

Seven months into fiscal year 2021, CBP’s reporting on drugs detected at the U.S.-Mexico border points to big increases in fentanyl and cocaine seizures, a big drop in cannabis seizures, and little change in heroin and methamphetamine seizures. As in past years, nearly all drugs are seized by CBP agents at ports of entry, with the exception of marijuana:

  • Fentanyl: 6,103 pounds seized October-April, 89 percent of it at ports of entry. If this pace is maintained through September, CBP will seize 10,462 pounds of fentanyl in FY 2021, a 130 percent increase over FY 2020.
  • Cocaine: 17,407 pounds seized October-April, 86 percent of it at ports of entry. If this pace is maintained through September, CBP will seize 29,841 pounds of cocaine in FY 2021, a 57 percent increase over FY 2020.
  • Heroin: 3,061 pounds seized October-April, 91 percent of it at ports of entry. If this pace is maintained through September, CBP will seize 5,247 pounds of heroin in FY 2021, a 2 percent increase over FY 2020.
  • Methamphetamine: 99,681 pounds seized October-April, 93 percent of it at ports of entry. If this pace is maintained through September, CBP will seize 170,882 pounds of meth in FY 2021, almost identical to FY 2020.
  • Marijuana: 162,073 pounds seized October-April, 39 percent of it at ports of entry. If this pace is maintained through September, CBP will seize 277,839 pounds of marijuana in FY 2021, a 45 percent decrease from FY 2020.

Links

  • The Senate Homeland Security Committee held a March 13 hearing on the situation of unaccompanied minors, with DHS Secretary Mayorkas the lone witness. Committee Chairman Sen. Gary Peters (D-Michigan) noted the recent decline in arrivals of unaccompanied children and praised Border Patrol agents who were paying for toys out of their own pockets. Sen. Jacky Rosen (D-Nevada) voiced strong concerns about Title 42 expulsions, including the growing number of family separations discussed above.
  • On the Republican side, Sen. Rob Portman (R-Ohio) lamented that, once in the United States, unaccompanied children are infrequently returned to their home countries, calling that an incentive for more children to come. Sens. Ron Johnson (R-Wisconsin), Mitt Romney (R-Utah), and Rick Scott (R-Florida) relied heavily on a prop: a chart of weekly apprehensions that appeared to show a sharp jump in migration after Joe Biden’s inauguration, but was simply wrong—based on a basic conflation of “apprehensions” and “encounters.” Sen. James Lankford (R-Oklahoma) said that overwhelmed Border Patrol agents had released 19,000 asylum-seeking family members into the United States without “notices to appear” in immigration court.
  • Disgruntled with the Biden administration’s modest walk-back of the Trump administration’s hardline migration policies, some Border Patrol agents “are considering early retirement” or “are buying unofficial coins that say ‘U.S. Welcome Patrol,’” Reuters reports.
  • A U.S. delegation led by National Security Council Western Hemisphere Director Juan González paid an in-person visit to Mexico on May 13. According to the Mexican Foreign Relations Secretariat’s release, topics covered included arms and narcotics trafficking, organized crime violence and financial flows, and “addiction as a public health problem.” The words “migration” or “border” do not appear.
  • Reuters reports on how as many as 2,000 migrants, apparently misinformed about the Biden administration’s migration policies, have set up an encampment outside the busy El Chaparral pedestrian port of entry in Tijuana, across from San Ysidro, San Diego County, California. “The camp is growing increasingly dangerous, migrants and activists told Reuters, with unsanitary conditions, drug use, and gangs entering the area.”
  • At Rest of World, Jeff Ernst reports on how migrant caravans—which haven’t successfully reached the United States since late 2018—are increasingly being organized by scammers trying to shake down desperate people over social media, especially in Honduras.
  • El Paso Matters reports on the unique challenges faced by Indigenous migrants from Central America, many of whom speak little Spanish. “On a phone call with El Paso Matters, West Texas CBP spokesperson Landon Hutchens said that after hundreds of years since the Spanish colonization of the Americas, ‘you’d think (Indigenous immigrants) would have learned Spanish by now.’”
  • A memo from Mijente and Just Futures Law warns of the civil liberties and migrant safety dangers of deploying surveillance and other technologies along the border—a measure that many border wall opponents in the Biden administration and Congress propose instead of a barrier. The memo lists some of the “Tech-Border-Industrial-Complex” corporations that would stand to gain from a big investment in drone and other surveillance technology.
  • Tijuana municipal police found a cross-border “narco-tunnel” leading under the border wall into San Diego County’s Otay Mesa area. The tunnel began in a building located across the street from a Mexican National Guard barracks.
  • USA Today published a long profile of Rep. Henry Cuéllar (D-Texas), whose district includes a large portion of the Texas border including Laredo. One of the most conservative Democrats in the House, Cuéllar has been a critic of the Biden administration.
  • A Pew Research Center study of news coverage during the Biden administration’s first 60 days found that immigration was the subject of 11 percent of stories: 8 percent of stories in outlets with a “left-leaning audience,” and 20 percent of stories in outlets with a “right-leaning audience.”

Weekly Border Update: May 7, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here

Unaccompanied child population declines, temporary shelters pose challenges

Daily reports from the Departments of Homeland Security (DHS) and Health and Human Services (HHS) point to a slow month-long decline in arrivals of unaccompanied migrant children at the U.S.-Mexico border, after a record-breaking, headline-grabbing increase in March.

Border Patrol encountered an average of 400 unaccompanied non-Mexican children per day over the four days between May 2 and May 5. That is down from 489 per day during the last week of March.

(These numbers don’t include unaccompanied Mexican children, who were 12 percent of all unaccompanied kids encountered at the border in March. A 2008 law mandating that unaccompanied migrant kids be turned over to the HHS refugee agency only applies to those from “non-contiguous” countries. Nearly all children from contiguous Mexico are swiftly returned, as Border Report noted this week.)

The reason for a decline during spring months, when numbers usually increase, is not clear. Aaron Reichlin-Melnick of the American Immigration Council posits that pent-up demand to migrate may explain the earlier February-March burst of arrivals. It was very hard to migrate from Central America during the COVID-19 pandemic’s initial months, and the Trump administration was implementing its “Title 42” quarantine policy so severely that it was rapidly expelling even unaccompanied children—until a judge stopped that practice last November. It’s possible that some of that pent-up migratory demand is now exhausted, so numbers are dropping a bit. But nobody really knows: it’s entirely possible that arrivals could start climbing again in May.

For now, though, the population of children in U.S. government (DHS plus HHS) custody is starting to edge downward. Over the past 10 days for which DHS and HHS have reported data, 479 more unaccompanied children departed U.S. government custody than entered it. HHS, through its Office of Refugee Resettlement (ORR), handed over 4,612 children to relatives or sponsors in the United States, with whom they will stay while their protection needs are adjudicated. Border Patrol took a smaller number newly into custody: 4,133.

As of May 5, 749 children were in Border Patrol’s austere holding facilities, awaiting transfer to ORR’s network of shelters. That is down from more than 5,700 at the end of March. Children are now transferred from Border Patrol to ORR in an average of about 24 hours, far less than the alarming 5 1/2 days or more that were the norm a month ago.

DHS posted a series of photos of CBP’s processing facility in Donna, Texas, where children had been occupying virtually every square foot of floor space in mid-March. Now, the holding spaces are nearly empty (though children are still lying on mats on the floor under mylar blankets). “The progress we have made is dramatic,” DHS Secretary Alejandro Mayorkas told reporters on May 2.

The number of children in HHS/ORR’s network of about 200 shelters has also begun, very gradually, to decline, from a high of 22,557 on April 29 to 21,848 on May 5—3 percent over 6 days. ORR is endeavoring to minimize the length of children’s stay in these shelters, speeding up their placement with relatives or sponsors. The Wall Street Journal reports that the agency has cut the length of stay in its custody “from an average of 42 days at the start of the Biden administration to 29 days last month [April].” This owes in large part to “aggressive actions” to speed placements, the Associated Press reports, “such as by putting them on flights to be with their families.”

Normally, ORR’s shelters have capacity to hold about 13,500 children. With an assist from the Federal Emergency Management Agency (FEMA), ORR set up emergency facilities in at least a dozen convention centers, camps, army bases, and similar large sites. Three administration officials told the Journal that these sites are “a short-term solution while they work to open more licensed shelters.”

While the temporary emergency shelters remain open, though, child welfare advocates worry about conditions. Mark Greenberg of the Migration Policy Institute compared them to “hurricane shelters” in the Journal’s reporting. While FEMA logistical support has been important, the same story reported, its rapid pace left some ORR staff “feeling that it had lost control over the quality of the locations being opened.” Two facilities, in Houston, Texas and Erie, Pennsylvania, were shuttered shortly after being opened in April. ORR places strict limits on access to its shelters, citing both public health and child privacy reasons. While understandable, this makes conditions in the unlicensed temporary facilities impossible to verify.

AP and the Daily Beast reported about some of the corporations and nonprofits that received over $2 billion in quick no-bid contracts to run these shelters and related logistics.

  • Deployed Resources LLC, based in Rome, New York, could receive up to $719 million for a 1,500-bed tent shelter in Donna, Texas. This company assembled the notorious “tent courts” where asylum seekers in the Trump administration’s “Remain in Mexico” program were subjected to immigration court proceedings via video conference in 2019 and 2020.
  • Family Endeavors, based in San Antonio, Texas, could get up to $580 million for a facility in Pecos, Texas. Endeavors, whose CEO told AP, “Many nonprofits were asked but declined,” is also executing an $87 million contract from Immigration and Customs Enforcement (ICE) to hold asylum seeking families in hotel rooms while their cases are being processed.
  • Rapid Deployment Inc., based in Mobile, Alabama, has received two contracts totaling $614 million to manage the facility at Fort Bliss, outside El Paso, Texas.
  • MVM Inc., based in Ashburn, Virginia, is getting a contract, and expansion of another, totaling $136 million for the transportation of migrant children to, and between, ORR facilities. The company gained notoriety during the 2018 family separation tragedy, when Reveal News reported that it was keeping migrant children, including some separated from their parents, in an empty office building in Phoenix. In July 2020, when the Trump administration was holding children in Texas hotels before expelling them under Title 42, the Texas Civil Rights Project posted a viral video of one of its lawyers being shoved into a hotel elevator by MVM guards yelling profanities at him.

Title 42 remains deeply controversial

The Biden administration’s maintenance of the Title 42 public health policy continued to generate controversy even as DHS began to ease it slightly. The policy, which the Trump administration launched in March 2020, seeks to expel most undocumented migrant adults and families without regard to asylum needs, in an accelerated process. Mexico has agreed to take citizens of El Salvador, Guatemala, and Honduras. An April 20 report by Human Rights First, Al Otro Lado, and the Haitian Bridge Alliance documented at least 492 attacks on and kidnappings of expelled migrants since Joe Biden took office in January.

Authorities in Mexico’s state of Tamaulipas, citing a child welfare law that prohibits holding children in immigration detention centers, are not receiving most Central American families with children under seven years of age. Tamaulipas is across from south Texas; DHS has responded by flying daily planeloads of Central American asylum-seeking families to El Paso and San Diego, then expelling them into Ciudad Juarez and Tijuana. “At least a hundred people are returned to Juarez daily” from flights, in addition to those turned back at the border, Juarez’s municipal human rights director, Rogelio Pinal, told Texas Standard.

In March, Mexico appeared to be accepting expulsions of about 32 percent of the Central American families whom Border Patrol was encountering. Those who don’t get expelled are allowed to begin asylum petitions and released into the United States with notices to appear in hearings.

There is still no real rhyme or reason as to which families get to stay, and which are expelled, whether by land or air. “Some families are swiftly expelled without due process while others are allowed to stay in the U.S. because of where they entered, the age of their children, or sheer luck,” reported Camilo Montoya-Galvez of CBS News. “If a person wants to come to the United States right now, the only chance they have is to maybe go through Reynosa [across from McAllen] and be one of the lucky ones that doesn’t get expelled,” Linda Rivas of El Paso’s Las Americas Immigrant Advocacy Center told the Texas Standard, in an article highlighting the resulting overcrowding in Ciudad Juarez shelters. “That’s not an asylum system.”

While we haven’t seen April data yet, there is some likelihood that Mexico is accepting more Central American families border-wide. Sister Norma Pimentel, who runs the Catholic Charities Humanitarian Respite Center in McAllen, Texas, told Montoya-Galvez that “she has been receiving fewer families from U.S. border officials in recent weeks, compared to earlier in the spring. She said that is likely due to U.S. authorities expelling more families to Mexico,” including through the lateral flights.

Even while seeking to maximize family and single adult expulsions, the Biden administration has been moving to make exceptions for those whom advocacy groups identify as most vulnerable. Lee Gelernt of the American Civil Liberties Union (ACLU) told CBS that his organization has been sending a daily list of people stranded in Mexico who are most endangered, so that they might be brought across and allowed to continue their cases in the United States. The definition of “vulnerable” isn’t clear, but El Paso Matters reported that a number of trans women have recently been able to cross to El Paso.

In Reynosa, a city of 700,000 that is probably the most dangerous of all Mexican border towns due to frequent disputes between organized crime factions, a park near the main port of entry continues to fill up with expelled non-Mexican families. Border Report estimates that over 700 asylum-seeking migrants are now in Reynosa’s Plaza de la República. Tents are going up, reviving miserable images of the tent city in nearby Matamoros that had filled up with “Remain in Mexico” subjects in 2019 and 2020. Doctors Without Borders told AP that the improvised site lacks water supplies or health services.

Reynosa’s security situation is a major concern. The Doctors Without Borders coordinator in Reynosa, José Antonio Silva, told AP, “We have reports of people disappearing day and night at the square, which is very worrisome.” A Texas-based charity, the Sidewalk School for Children Asylum Seekers—which first began working in the Matamoros camp—is now taking one or two of the most vulnerable families each day and paying to check them in to Reynosa hotels or apartments, says Border Report.

Mexico’s migration enforcement solidifies “buffer” role

On April 12, White House Press Secretary Jen Psaki had told reporters:

Mexico made the decision to maintain 10,000 troops at its southern border, resulting in twice as many daily migrant interdictions. Guatemala surged 1,500 police and military personnel to its southern border with Honduras and agreed to set up 12 checkpoints along the migratory route. Honduras surged 7,000 police and military to disperse a large contingent of migrants.

As the Intercept notes, Guatemala and Honduras soon backpedaled from that, insisting that there had been no agreement to deploy personnel to block migrants. Mexico, however, did the opposite: “The Mexican government clarified that its efforts involved 12,000 people, though not just troops and not just to the southern border.” Mexico also closed its southern border with Guatemala to all non-essential travel, a more restrictive standard than it maintains at its northern border with the United States.

Along Mexico’s southern border with Guatemala, in Tapachula, Yuriria Salvador, coordinator for structural change at the Fray Matías de Córdova Human Rights Center, told the Intercept that new Mexican migrant interdiction deployments at the United States’ request are nothing new: “The response of the Biden administration is very similar to the response of the Trump administration.”

This reinforces Mexico’s role as an “interdiction state,” or “a buffer zone where enforcement activities are fluid and subject to geopolitical negotiation,” the Washington Post reports. Migration researcher Cris Ramón told the Post that Mexico’s role increasingly looks like that of Turkey, which has received material and diplomatic benefits from Europe by serving as a buffer for Syrian refugees. “In both cases you’re externalizing your borders and making another nation your border authority.”

An increasing number of migrants are deciding to seek asylum in Mexico, where the government’s refugee agency (COMAR) reports receiving 31,842 asylum requests during the first four months of 2021. That sets COMAR on pace to shatter its 2019 record of 70,422 asylum requests. (As recently as 2015, COMAR only received 3,424.) Nearly half of COMAR’s 2021 asylum seekers are from Honduras, followed by citizens of Haiti, Cuba, El Salvador, Venezuela, and Guatemala.

Disturbingly, migrant advocates in Tapachula told the Intercept that Mexico’s National Guard and migration enforcement agency (INM) may have begun carrying out sweeps outside COMAR’s offices during early-morning hours, detaining and presumably deporting undocumented asylum seekers as they begin queueing to fill out applications.

The U.S. National Security Council’s director for the Western Hemisphere, Juan González, told the Post that the Biden administration’s migration agenda with Mexico goes well beyond personnel deployments. “Yes, we talk about enforcement, but also about support for humanitarian programs, addressing the root causes of migration and promoting economic investment.”

Still, reporters Nick Miroff and Mary Beth Sheridan assert that U.S. officials’ dependence on Mexico to crack down on Central American migration, which reduces political pressure at the border, gives Mexican President Andrés Manuel López Obrador leverage to push for U.S. concessions on other priorities. These may include abstaining from criticism of AMLO’s security policies or recent anti-democratic political maneuvers.

Luis Rubio of the México Evalúa think tank told the Post that a basic premise of the bilateral relationship “that dated back to the 1980s” held that the U.S. and Mexican governments would discuss different issues—trade, drugs, migration—as separate items. That way, “a dispute in one area wouldn’t contaminate the entire relationship.” By demanding cooperation on migration in exchange for concessions in other areas like trade or democracy, Rubio argues, Donald Trump undid that “separate lanes” tradition. That in turn allows AMLO to seek concessions on other issues in exchange for helping to push back migrants, including asylum seekers.

Miroff and Sheridan note, though, that a sharp recent increase in arrivals of Mexican single adult migrants could diminish some of López Obrador’s potential leverage.

Links

  • In what it calls a “trial balloon,” the Biden administration’s Interagency Task Force on the Reunification of Families reunited four deported migrant parents with children whom the Trump administration had separated from them in 2017 and 2018. The plan is eventually to reunify, in the United States, over 1,100 families who remain separated, from an overall total of about 5,500 separations. Deported parents still haven’t been located for at least 445 separated children in the United States. At the New Yorker, Jonathan Blitzer recounts the end of a Honduran mother’s long wait to be reunited with her teenage sons after Border Patrol separated them in 2017.
  • A 40-foot boat carrying 30 undocumented Mexican migrants and one undocumented Guatemalan migrant ran aground and broke up off of San Diego’s Cabrillo National Monument on May 2. Three migrants drowned, the rest are in U.S. government custody, and the boat’s U.S. citizen pilot is facing criminal charges. “Many of the passengers told authorities that they paid $15,000 to $18,000 to be smuggled into the United States,” the San Diego Union-Tribune reported. “The Border Patrol tallied 1,273 smuggling arrests on the California coast during the 12 months that ended Sept. 30, a 92 percent increase from the same period a year earlier,” according to AP. “Since Oct. 1, it has made more than 900 arrests.”
  • “Currently, the plan is for me to travel to Mexico and Guatemala on June 7 and 8th,” said Vice President Kamala Harris. She is scheduled to have a conversation with Mexican President López Obrador on May 7. This will be her second meeting with AMLO. At a Council of the Americas event, Harris discussed plans for assistance to Central America to address “acute causes” and “root causes” of migration. “If corruption persists, history has told us, it will be one step forward and two steps back,” she said.
  • A challenge to those plans occurred on the evening of May 1 in El Salvador, as a newly seated legislative supermajority immediately fired independent high court justices and the chief prosecutor. “Just this weekend, we learned that the Salvadoran Parliament moved to undermine its nation’s highest court. An independent judiciary is critical to a healthy democracy and a strong economy,” Vice President Harris warned.
  • At Vox, Nicole Narea questions whether “root causes” aid actually reduces migration, noting studies that have found most migrants from Central America, while poor, have some resources and tend not to be among the region’s poorest.
  • The Biden administration officially canceled border wall construction projects paid for with money that Donald Trump, declaring a national emergency, had drawn from the Defense Department’s budget. This money was to build about 466 miles of wall, of which about 123 remained unbuilt when Donald Trump left office. Documents seen by WOLA indicate that of $9.9 billion in money taken from the Defense Department, about $3.5 billion remains unspent, of which perhaps $1.4 billion would go to contract termination and suspension costs. The Department of Homeland Security (DHS) also announced it would use funds to repair Rio Grande levees damaged by wall construction in Texas, and to undo soil erosion damage caused by wall-building in San Diego.
  • At Roll Call, moderate Senate Democrats Robert Menendez (D-New Jersey) and Mark Kelly (D-Arizona) voiced support for the Biden administration’s plan to provide CBP’s infrastructure account with $1.2 billion in 2002 for facilities and technology—but not for border walls. “[W]e need to have area vehicles, satellite, the ability to interface with Border Patrol and Customs, and so I’m open to whatever it is. We’re not building a wall,” Menendez said.
  • Two investigations by the Intercept, about anti-drone measures and harvesting data from cars’ onboard computers and mobile phone links, raised concerns about how providing CBP with new border technologies “could lead to further surveillance and militarization of the U.S.-Mexico border.”
  • A strong Washington Post editorial calls ICE “The Super Spreader Agency.” It contends that because the agency ignored foreseeable “red flags” about the spread of COVID-19 in its mostly privately run detention centers, “Nearly 13,000 detainees have tested positive—likely an undercount of the virus’ real spread—and at least nine have died.”
  • A Pew Research Center poll found 68 percent of adult U.S. respondents saying the government is doing a very bad or somewhat bad job of dealing with increased numbers of asylum seekers at the border; 47 percent “say it is very important to reduce the number of people coming to the U.S. seeking asylum; another 32% say this is somewhat important.” A University of Texas/Texas Tribune poll found a first-place tie among Texas voters: 16 percent ranked the pandemic as the top issue facing the state, and 16 percent chose immigration and border security. A Civiqs poll commissioned by the Immigration Hub found “57 percent of Americans accept illegal immigration when the immigrants are fleeing violence in their home countries,” but the number falls to 46 percent when the cause is poverty or hunger, 36 percent for family reunification, and 31 percent for job-seeking.
  • Dozens of U.S.-bound Haitian migrants were stuck for weeks in Honduras because the government is demanding they pay US$190 each to obtain exit visas after entering the country irregularly, reports the Honduran outlet ContraCorriente.

Weekly border update: April 30, 2021

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. Since what’s happening at the border is one of the principal events in this week’s U.S. news, this update is a “double issue,” longer than normal. See past weekly updates here.

Aid is forthcoming for Central America

Vice President Kamala Harris met virtually on April 26 with the president of Guatemala, Alejandro Giammattei, to discuss cooperation to address the causes of large-scale migration from his country. It was their second such meeting, following a conversation on March 30. “We want to work with you to address both the acute causes as well as the root causes in a way that will bring hope to the people of Guatemala that there will be an opportunity for them if they stay at home,” the vice president said in joint remarks before the meeting.

This distinction between “acute causes” and “root causes” is at the center of the Biden administration’s current thinking about how to assist Central America. The first category includes the effects of recent hurricanes, droughts, and the pandemic. The second includes poverty, climate change, corruption and poor governance, and “violence against women, Indigenous people, LGBTQ people, and Afro-descendants.”

Harris said she plans to visit Guatemala in June. “But from here to June,” Giammattei replied, “I believe that we should build a roadmap between government and government so that we can reach agreements so that we can then work on.”

Complicated partners

The vice president held a meeting April 27 with Guatemalan non-governmental leaders, and plans to have a call next week with Mexican President Andrés Manuel López Obrador. Harris has not spoken with, or announced plans to speak with, the presidents of El Salvador and Honduras.

The first, Nayib Bukele, has raised concerns about recent authoritarian behavior, and refused to meet with U.S. Special Envoy Ricardo Zúñiga during his April 7 visit to San Salvador. (Bukele had failed to get meetings with the brand-new Biden administration when he flew, with little advance notice, to pandemic-shuttered Washington at the beginning of February.) The second, Juan Orlando Hernández, was re-elected in a 2017 vote that was likely fraudulent, and is named as a co-conspirator in U.S. judicial actions against Honduran  drug traffickers, including his brother who was sentenced to life in U.S. prison in March.

There are strong concerns about official corruption in Guatemala, too. A years-long backlash against anti-corruption reformers swept out a UN-backed international prosecutorial body (the CICIG) in 2019, and is now undermining the highest courts’ ability to hold accountable those who engage in graft or collude with organized crime. This month, the legislature’s leadership refused to swear in Gloria Porras, an anti-corruption judge, to Guatemala’s Constitutional Court. She fled to the United States, while Giammattei’s chief of staff was swiftly sworn in to another seat on the court. The day of the Harris-Giammattei meeting, the U.S. Treasury Department imposed sanctions on two well-connected current and former Guatemalan congressional representatives.

Biden administration officials see a connection between corruption and the poverty and insecurity that drive migration. “[A]ddressing corruption is at the center of what the Biden administration has focused on in seeking to create those enabling conditions for broad-based improvement in Central America,” Zúñiga told reporters on April 22. Regional governments’ track record on corruption, then, will complicate working with them on root causes. “The governments are going to be part of that but, quite frankly, they’re probably going to be unwilling partners,” Dan Restrepo, the National Security Council’s Western Hemisphere director during Barack Obama’s first term, told Bloomberg.

This may mean carefully working around some elected leaders and executive-branch agencies. Zúñiga reiterated that an administration priority will be “supporting those within the countries—and that’s civil society as well as public servants—who are involved in efforts to promote transparency and combat corruption and impunity.” He added that the administration may coordinate this work with “an anti-corruption task force that is going to involve the Department of Justice and other U.S. agencies, with the support of the Department of State.”

An April 28 edition of WOLA’s podcast discusses the complexities of working with Central America’s leaders on migration’s underlying causes.

Aid packages

To confront “acute causes” of migration, the White House announced April 27 that the U.S. government is reprogramming $310 million in current-year assistance to meet immediate humanitarian needs for El Salvador, Guatemala, and Honduras.

  • About $104 million will come from the Department of State “to meet the immediate safety and protection needs of refugees, asylum seekers, internally displaced persons, and other vulnerable populations,” a fact sheet reads; this probably means it will come through the State Department’s Bureau of Population, Refugees, and Migration.
  • $26 million will come from the Department of Defense “to increase its partnership activities in the region to provide essential health, education, and disaster relief services.”
  • $125 million will be USAID funding, mainly emergency food and agricultural assistance: $55 million for Honduras, $54 million for Guatemala, and $16 million for El Salvador.
  • The Department of Agriculture will provide an additional $55 million in food security assistance.

While details of the longer-term “root causes” aid package have yet to emerge, Zúñiga previewed that the 2022 budget request to Congress—which is likely to be submitted next week—will include $861 million for Central America. “It’s an initial payment on the $4 billion over four years that President Biden announced before coming into office,” he said. The administration envisions the money going to three areas: good governance and anti-corruption; economic development; and security and justice.

Another Guatemalan border task force

On April 26 Vice President Harris and President Giammattei agreed on another, less “root cause”-focused aid activity: U.S. support for a Guatemalan border security task force. The Department of Homeland Security (DHS) will send 16 trainers to Guatemala “to train local officials in strengthening border infrastructure,” Reuters reported. “The effort will be spearheaded on the Guatemalan side by the Division of Border Ports and Airports,” according to the Associated Press. This likely dovetails with White House Press Secretary Jen Psaki’s April 12 disclosure that “Guatemala surged 1,500 police and military personnel to its southern border with Honduras and agreed to set up 12 checkpoints along the migratory route.” It’s less clear how—if at all—this “border task force” effort overlaps with the Obama administration’s past assistance to Guatemalan military-police-prosecutor border-zone “Inter-Agency Task Forces” created in 2013, a program that appears to have been abandoned.

Harris and Giammattei also reportedly agreed that the United States would help Guatemala build shelters for deported or expelled migrants, along with some assistance to assist deportees’ transition.

“Operation Sentinel”

Finally, on April 27 DHS Secretary Alejandro Mayorkas announced a stepped-up effort to target the smugglers who make possible most migrants’ journey through Mexico to the U.S. border. “We will identify the smugglers and their associates and employ a series of targeted actions and sanctions against them. We will have a broad approach and a strong one. It will include every authority in our arsenal,” Mayorkas told CNN and other reporters. Tools may include revoking visas and travel documents, and freezing assets and the ability to use U.S. financial institutions. “Operation Sentinel” will involve Customs and Border Protection (CBP), Immigration and Customs Enforcement’s Homeland Security Investigations division (ICE-HSI), U.S. Citizenship and Immigration Services (USCIS), the State Department, and, within the Justice Department, the Federal Bureau of Investigations (FBI) and the Drug Enforcement Administration (DEA).

No other details about Operation Sentinel are yet available, so it’s not clear how the effort will be assured of targeting the infrastructure on which smuggling networks depend. Migrant smuggling is a very decentralized activity. While smugglers have to pay Mexico cartels to pass through their territory, they are not cartels themselves; they tend to be small and regional. “A Mexico based official” with ICE-HSI explained to the Los Angeles Times that “cartels make millions merely charging tolls, whereas low-level human smugglers work in ‘very disjointed cells.’”

These localized operations depend heavily on official corruption, for instance in order to pass easily through checkpoints on Mexican highways. It remains to be seen whether Operation Sentinel will make a dent in this corruption, or whether it will simply rack up actions against small-time smugglers. The Salvadoran investigative journalism website El Faro reported this week on an outcome that Operation Sentinel would do well to avoid: Salvadoran prosecutors have locked up a single mother who ran a small pupusa restaurant, a man who works as a private guard, and a farmer, charging them with smuggling because they discussed plans to join a migrant caravan on WhatsApp.

Big drop in unaccompanied children in CBP custody

In late March, amid rapidly increasing arrivals of unaccompanied children, U.S. border and migration agencies were estimating that, by the end of May, the government would need 34,100 to 35,500 beds to accommodate them. While things could always change, that projection now appears far too pessimistic.

Against nearly everyone’s expectations, unaccompanied child numbers stopped increasing in April. The month has seen a slow, modest, but real decline in Border Patrols encounters with unaccompanied kids, from an average of 489 per day during the last week of March to an average of 431 per day during April 25-28, according to CBP’s daily reports on unaccompanied child encounters and processing.

As new arrivals have eased, the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR) has opened up many emergency facilities to house children while seeking to place them with relatives or sponsors in the United States, with whom they will live while their asylum or protection cases are adjudicated.

As a result, there has been a spectacular drop in the number of children spending many days crowded in Border Patrol’s inadequate, prison-line holding facilities as they await ORR placement. On March 28, 5,767 children were in Border Patrol custody. On April 28, that number had fallen 83 percent to 954, and the average time in custody had dropped to 28 hours, from 133 hours on March 28.

As grim images of children sleeping on floors fade away, the next challenge is to reduce the population in ORR’s shelters, which is still growing but much more slowly than it was during the first half of the month. This means quickly identifying and vetting the relatives or sponsors with whom children will live. During the last week of March, ORR was only discharging 245 children per day. By April 25-28 it had increased that rate to 403 per day.

This is important progress, but even at reduced numbers, as noted above, CBP is still encountering 431 kids per day, so the overall number of children in U.S. government custody—in the low 20,000s for the past two weeks—continues to edge slightly upward.

As ORR placement capacity increases, we expect this “total in U.S. custody” number to decline—unless, for some reason, unaccompanied child arrivals at the border start increasing again in May. It is impossible to predict whether that will happen, or whether April’s gradual declines will continue.

After children are placed with families, of course, the U.S. government’s woefully inadequate asylum system presents another bottleneck: what is usually a years-long wait for hearing dates and decisions from badly backlogged, overwhelmed immigration courts.

Reactions to the “Bipartisan Border Solutions Act”

Four border-state legislators from both parties and both houses of Congress introduced a bill on April 22 seeking, in their words, “to respond to the surge in migrants coming across our southern border.” The “Bipartisan Border Solutions Act” (S. 1358) is sponsored by Senators John Cornyn (R-Texas) and Kyrsten Sinema (D-Arizona), and by Representatives Henry Cuellar (D-Texas) and Tony Gonzales (R-Texas).

Among its provisions are:

  • Creating at least four processing centers to receive newly apprehended, mostly asylum-seeking, migrants.

Processing capacity is urgently needed so that asylum seekers may approach ports of entry, and request protection, without having to spend weeks or months on waiting lists in Mexican border towns. However, critics of the legislation point out that the “processing” the bill proposes would include “credible fear screening interviews and potentially full asylum interviews…conducted within 72 hours—an absurd time frame for life-and-death adjudications,” as Human Rights First describes it. “While this bill includes some positive provisions,” an American Civil Liberties Union (ACLU) response warns, “any proposal that further increases reliance on Customs and Border Protection in the asylum and detention process is a step in the wrong direction, given the agency’s record of abuse.”

  • Authorizing DHS to carry out pilot programs to speed up asylum screening (credible fear determinations) and adjudication.
  • During “irregular migration influx events,” allowing immigration courts to move recently apprehended asylum seekers’ cases to the top of their dockets.

Critics of the legislation warn that past “pilot programs” and “rocket docket” efforts badly weakened due process guarantees for asylum seekers. During the Trump administration, CBP implemented two pilot programs, Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP), that turned around quick asylum decisions—nearly all of them rejections—in a matter of days while families remained in CBP custody with no meaningful access to counsel. Past docket-adjusting initiatives “lead to massive due process violations with few, if any, gains in efficiency,” warned the Arizona-based Florence Immigrant and Refugee Rights Project.

  • Raising vetting standards for family members or sponsors before placing unaccompanied children with them.

A concern about this provision is that it could backlog ORR’s already struggling efforts to place children with families, forcing them to spend even more time in the agency’s shelter system—including in ORR’s thrown-together emergency facilities currently in heavy use.

  • Improving legal orientation and access to counsel (though not paying for counsel).
  • Improving transportation of asylum-seeking migrants and coordination with NGOs and receiving communities.
  • Hiring 150 more immigration judge teams (there are currently about 520), 250 Border Patrol processing coordinators (non-law enforcement personnel who specialize in processing of asylum seekers), and 300 asylum officers at USCIS, among other personnel.
  • Improving congressional oversight with new reporting requirements.

The legislation’s critics are generally supportive of these points, with some caveats.

S. 1358’s endorsers are largely business groups: the U.S. Chamber of Commerce, American Business Immigration Coalition, Texas Association of Business, New American Economy, Americans for Prosperity, and The LIBRE Initiative. The National Immigration Forum, too, calls it “a positive step that bodes well for the chances for immigration reforms this year.”

Groups that quickly lined up in opposition to the Bipartisan Border Solutions Act include the ACLU, Human Rights First, the Women’s Refugee Commission, Church World Service, the Florence Project, and the National Immigrant Justice Center.

Links

  • Mexico’s Interior Department released data showing that migration forces detained 14,254 undocumented people in March 2021, the most since August 2019. 51 percent were from Honduras, 36 percent from Guatemala, 7 percent from El Salvador, and 6 percent from other countries. Along migrant routes in southern Mexico, shelters are full, turning people away amid COVID-19 capacity restrictions. Meanwhile, a government human rights body reported that at least 2,000 migrants were reported as disappeared in Mexican territory in 2020.
  • Guatemalan President Giammattei is to travel to Mexico on May 3 and meet with Mexican President López Obrador the following day. López Obrador indicated that the discussion “is related to the next call he will have with [U.S. Vice President] Harris” next week.
  • An investigation by the Los Angeles Times’s Molly O’Toole documents how the “Title 42” pandemic policy, which expels Central American migrants back into Mexico, has been an enormous boon to kidnappers and other organized crime bands that prey on them in Mexican border communities. At the Dallas Morning News, Dianne Solís and Alfredo Corchado report on the previously unthinkable, but now widespread, practice of expelling Central American families with children into high-crime Mexican border towns in the middle of the night.
  • The Washington Post’s Kevin Sieff reports on migrants who were kidnapped after the Trump administration sent them to Mexican border towns to await their U.S. asylum hearings under the “Remain in Mexico” program. As their captivity forced them to miss their U.S. hearing dates, they are now absurdly blocked from applying for asylum. Syracuse University’s TRAC public records project meanwhile reports that people enrolled in Remain in Mexico speak 40 different languages.
  • The sheriff of Harris County, Texas, Ed González, is the Biden administration’s nominee to direct Immigration and Customs Enforcement (ICE). González, whose county includes Houston, has criticized aggressive ICE tactics that target migrants with no criminal records.
  • The New York Times posted a video along with data analysis finding that “ICE detention facilities had an average infection rate five times that of prisons and 20 times that of the general population.” The Times elsewhere reported that CBP is releasing asylum-seeking migrant families into U.S. border communities without testing them for the virus, leaving that up to private charities.
  • 10,000 migrants, mainly from Haiti, Cuba, and several African countries, are in northern Colombia awaiting a chance to migrate northward through Panama, according to the Norwegian Refugee Council.
  • At Texas Monthly, Aaron Nelsen reports on migrant smugglers’ widespread use of simple ladders to defeat the border wall. Meanwhile local news in Arizona reports that construction equipment is “collecting dust” as the Biden administration’s wall-building pause continues.
  • Arizona Public Media published a video short about members of the Hia C-ed O’odham nation who resisted border wall construction on their lands in Organ Pipe Cactus National Monument, including the ecologically fragile Quitobaquito Springs, in 2020.
  • 92 academics from the United States and Mexico signed a letter proposing six practical recommendations for next steps that both countries should take to restore asylum and improve logistics.
  • The Department of Homeland Security (DHS) is launching an internal review to weed out white supremacy and extremism among its workforce.

Newer Posts
Older Posts
Get a weekly update in your e-mail:




This work is licensed under a Creative Commons Attribution 4.0 International License.