Asylum seekers rushed the San Ysidro border crossing in Tijuana.
Close to 1,000 of the asylum seekers from Honduras and Guatemala have reached the U.S.-Mexico border. The asylum seekers were blocked from using the official port of entry by Mexican federal agents on the Tijuana side, according to CNN. Undeterred, the migrants made their way across the Rio Grande River in an attempt to present themselves at the border to legally seek asylum.
United States Customs and Border Protection officers reacted to the group of asylum seekers rushing the border by throwing tear gas canisters into the crowd. According to the New York Times, more than two dozen tear gas canisters littered the Mexico side of the border after being thrown in different directions to push back against the asylum seekers.
“After being prevented from entering the Port of Entry, some of these migrants attempted to breach legacy fence infrastructure along the border and sought to harm CBP personnel by throwing projectiles at them,” United States Homeland Security Secretary Kirstjen Nielsen said in a statement. “As I have continually stated, DHS will not tolerate this type of lawlessness and will not hesitate to shut down ports of entry for security and public safety reasons. We will also seek to prosecute to the fullest extent of the law anyone who destroys federal property, endangers our frontline operators, or violates our nation’s sovereignty.”
ABC News reported that border agents on the U.S. side of the border responded by closing the world’s busiest border crossing station connecting Tijuana and San Diego. The border was closed for several hours reopening on Sunday evening
The caravan of asylum seekers peacefully marched more than 2,000 miles in a month to seek asylum. U.S. and international law allows for those seeking refuge the right to enter a country seeking asylum. Tijuana’s mayor, Juan Manuel Gastelum, called the influx of migrants in his city as a humanitarian crisis. Mayor Gastelum has called on the international community and Mexican government for assistance to help with the migrants currently in the city.
This is a developing story. Check back with mitú for updates as things develop.
A Texas sheriff is eating his words after his bigotted comments came back to bite him in the worst way.
A day after Tarrant County Sheriff Bill Waybourn referred to undocumented immigrants as “drunks” who would “run over” children, his own son was reportedly arrested on charges of public intoxication. It has also been revealed that his son Sergei Waybourn has been arrested before. In 2018 he was charged with assault and in recent years he was arrested for trespassing and theft.
Sheriff Waybourn’s comments sparked controversy when he spoke against undocumented immigrants at a press conference in Washington.
Last Thursday, the sheriff spoke at the conference alongside Immigration and Customs Enforcement Director Matthew Albence. Speaking in response to a ruling by a federal California judge made last month that imposed restrictions on ICE’s use of “detainers,” Waybourn underlined the consequences of releasing illegal immigrants with DWI and other crimes.
U.S. District Judge André Birotte Jr.’s decision barred ICE from using online database searches to find and detain people based. Recently, the ACLU stated that since 2008, 2 million US citizens have been illegally detained because of such searches.
Waybourn pointed to his charge of inmates to give examples of high rates of repeat offenders. “If we have to turn them loose or they get released, they’re coming back to your neighborhood and my neighborhood,” Waybourn said according to New York Post. “These drunks will run over your children, and they will run over my children.”
After his comments, the national president of the League of United Latin American Citizens called for Waybourn’s resignation.
According to Dallas Morning News, Domingo Garcia said Waybourn ought to “resign and apologize for his bigoted comments immediately.”
In response, Waybourne said his comments had been taken out of contexts and his office released a statement saying that “Sheriff Waybourn was not referring to all legal or illegal immigrants when making his comments about DWI/DWI repeat offenders. He was speaking toward the charges of DWI and DWI repeat offender in the context of illegal immigration.”
In response to the news of his son’s arrest, the sheriff said he is “deeply saddened by Sergei’s choices.”
According to WFAA, he said that “It has been many years since he disassociated from our family. We, along with many family members have made efforts over the years to help him – all to no avail. It is always sad when drugs take control of a person’s life. His choices and actions have lead to this situation.”
In 2005, the DNA Fingerprint Act updated a former law‚ the DNA Identification Act of 1994, which denied authorities to obtain DNA from “arrestees who have not been charged in an indictment or information with a crime, and DNA samples that are voluntarily submitted solely for elimination purposes, from being included in the National DNA Index System.” In other words, the DNA Fingerprint Act was revised to protect the privacy rights of immigrants. In 2010, the DNA Fingerprint Act was again revised because of then-Secretary of Homeland Security Janet Napolitano, who said government agencies didn’t have the resources back then to gather DNA from “migrants in custody who weren’t facing criminal charges or those pending deportation proceedings,” so another clause was put in place for them. Now, in another move in the attack on migrants, the Trump Administration wants to change that.
The Trump Administration is continuing forward with its push to collect DNA samples from every migrant person that enters the U.S.
According to the New York Times, “a homeland security official said in a call with reporters on Wednesday that the exemption [put in place in 2010] was outdated, and that it was time to eliminate it.” That statement means the government now has resources to sort through and gather DNA, which it didn’t have in 2010. But that assumption is a stark contradiction since border agents, and immigration officials are severely understaffed.
Immigration advocates are calling foul on this tactic by the Trump Administration who continues to criminalize migrants who are seeking asylum. Once their DNA is in the system, they will forever be recorded as felons.
“That kind of mass collection alters the purpose of DNA collection from one of criminal investigation basically to population surveillance, which is basically contrary to our basic notions of a free, trusting, autonomous society,” Vera Eidelman, a staff lawyer with the American Civil Liberties Union’s (ACLU) Speech, Privacy, and Technology Project, told The New York Times.
The government began collecting DNA from migrants starting this summer.
At some point, this summer border agents began collecting DNA from migrants in order to verify whether or not they were related to the people they were traveling with. Agents were trying to prove whether family units entering the country together were actually related or traveling under false information. The DNA they gathered at the point was just to show family DNA.
“This was really an investigative tool in attacking the fraudulent family phenomenon,” an ICE official said to CNN about the operation that began this summer. “We’re interested in using this as a tactical law enforcement tool, one of many, to be deployed when looking at a potential fraudulent family scenario.”
This new type of DNA that the administration is aiming to get would provide more extensive information and also would not be shared with other law enforcement agencies.
The problem here lies with privacy concerns. For example, if an immigration official gathers DNA information from a migrant who entered the country illegally only to be given asylum later — because the court process takes a very long time — that person, who has the option of becoming a U.S. citizen at some point now has a criminal stain on their record for the rest of their life.
Writer Kelly Hayes wrote an extensive Twitter thread that exposes the extensive damage and intrusion this form of DNA gathering will have for years to come.
“A DNA registry for migrants,” Hayes tweeted. “Imagine the ugly possibilities of having a marginalized group of people that large cataloged according to their DNA, and that catalog being in the hands of the state. I know folks are focused on Ukraine, but this is a whole thing. We’re talking about hundreds of thousands of people, including children. With evolving technologies, the potential surveillance applications of a massive DNA registry are ominous AF.”
It’s unclear when this DNA collection will officially begin, even though the New York Times reports that Homeland Security officials have already said they have the right to get DNA from migrants. However, the Supreme Court has already ruled undocumented people have rights just as U.S. citizens do.
“Though the Supreme Court has found that the constitutional right to privacy applies to everyone within the United States, regardless of their immigration status, a more restrictive interpretation of the Fourth Amendment has been applied within a 100-mile zone of the border, where suspicionless searches are allowed, even of American citizens,” the Times reports. And yet we already know some attorneys are trying to fight that the Fourth Amendment doesn’t apply to undocumented people.