Things That Matter

Here’s Everything You Should Know About Trump’s Plan To Further Limit Asylum For Migrants And Refugees

In what many are calling the most sweeping changes to asylum law ever, the Trump administration has proposed new rules regarding how migrants and refugees qualify for asylum protection in the U.S.

The rules would have a major impact on the ability of people with a legitimate fear for their safety – or that of their family – to prove their case before U.S. asylum courts. In some cases, asylum seekers may not even be given a chance to pleas their cases before an immigration court as the rules could leave some decisions in the hands of front line screeners, such as Border Patrol agents.

Trump administration unveils sweeping plan to limit asylum claims.

The Trump administration has released its furthest-reaching plant yet when it comes to trying to change asylum law in the U.S. The administration is trying to change the meaning of “persecution” to make it harder for migrants and refugees, with legitimate fears of persecution and danger, to be able to secure asylum in the U.S.

The 161-page proposal, officially posted Monday in the Federal Register, would also streamline the asylum-approval process, letting immigration judges rather than immigration courts make rulings in asylum cases and redefining the definition of a frivolous application.

“Essentially, this rule tries, in a way that hasn’t been done before, to define what can be grounds for asylum,” said Jessica Bolter, an associate policy analyst at the Migration Policy Institute.

The rule change could potentially bar relief to anyone who has passed through two countries before reaching the U.S. or who spent 14 days or more in one other country prior to arriving here. The administration also wants to bar asylum to anyone who has failed to timely pay U.S. taxes or who has been unlawfully present in the U.S. for a year or more.

It wants immigration judges to weigh someone’s illegal presence in the U.S. against them even though federal law specifically says people can seek asylum by crossing any part of the border and asking for it. And in addition to making fewer people eligible for asylum, it would give officers more power to deny initial asylum claims preemptively, with no need of a court hearing.

Critics of measure say the proposed changes would ‘represent the end of the asylum system as we know it.’

Credit: Nicolas Chamm / Getty Images

The new rules were quickly condemned to advocates like Families Belong Together, which called the proposed rule change “an assault on the fundamental right to seek asylum.”

“If fully implemented, they will gut years of progress in the U.S. to create bridges to safety for so many whose governments could not and would not protect them from severe harm and even death,” said a statement from Tahirih, which advocates for immigrants escaping gender-based violence.

The rule change would also put some of the most vulnerable people at increased risk of persecution.

Credit: Nicolas Chamm / Getty Images

For several years, the Trump administration has been working hard to keep asylum seekers from even reaching the U.S. border. As part of the government’s plan, the administration has signed ‘safe third country’ agreements with several Central American country’s – but several of these deals have shown to leave asylum seekers in increased danger.

In its deal with Guatemala, hundreds of non-Guatemalans have been sent to the country to apply for asylum there – predominantly women with young children, who may have well-founded fears of persecution. And the system has become so convoluted that many migrants and refugees were effectively compelled to abandon their asylum claims and return to the places they had fled in fear.

Meanwhile, at the U.S.-Mexico border, asylum seekers have been denied the most basic procedural safeguards, including the opportunity to present evidence or acquire a lawyer. Many had endured demeaning and coercive treatment by Border Patrol.

One Salvadoran woman told KITV that she was coerced into signing her “voluntary deportation” form at 2 a.m., believing it to be an asylum application. Soon afterward, officials chained her around her waist, ankles and wrists and sent her to Guatemala. “To them we are like bugs,” she said.

The new rules on asylum come just as the U.S. Supreme Court has said that Trump acted illegally in trying to end DACA.

In a 5-4 decision, the court ruled the Department of Homeland Security – and the Trump administration – had violated a federal administrative law with its policy ending DACA. DACA is the Obama-era program allowing undocumented immigrants brought to the country as children to live and work legally in the US.

The decision came as a bit of a surprise as many expected the court’s conservative majority to strike down the program in favor of Trump. However, the ruling effectively leaves the program in place until Congress a can take up the legislative process behind immigration and get something done for the benefit of DACA recipients and the nation.

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Honduran Woman Gave Birth On Bridge Between U.S. And Mexico Border But What Will Happen To Them Next?

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Honduran Woman Gave Birth On Bridge Between U.S. And Mexico Border But What Will Happen To Them Next?

Julio César Aguilar / Getty Images

As the number of parents and children crossing the border continues to increase, driven by violence and poverty in Central America, many are growing desperate while being forced to wait in migrant camps in Mexico. While crossings have not reached the levels seen in previous years, facilities that hold migrants are approaching capacity, which has been reduced because of the coronavirus pandemic.

This is forcing many to check the status of their claims by crossing into the U.S. to speak to border agents. So it shouldn’t come as a surprise that more and more women are being forced to give birth in less than ideal situations – putting at risk both the lives of the mother and child.

A migrant woman gave birth on a bridge between U.S.-Mexico border.

According to Mexican border authorities, a Honduran woman gave birth on the Mexican side of the border bridge between Matamoros, Mexico and Brownsville, Texas. The woman was apparently trying to reach the U.S. side, but felt unsteady when she got there and was helped by pedestrians on the Mexican side waiting to cross.

Mexico’s National Immigration Institute said the birth occurred Saturday afternoon on the Ignacio Zaragoza border bridge, also known as “Los Tomates.” It said authorities received an alert from U.S. Customs and Border Protection officials regarding “a woman trying to enter the country improperly.”

It said the woman was taken to a hospital in Matamoros, where she was given free care. Her child will have the right to Mexican citizenship.

Hernández is hardly the first woman to give birth while hoping to cross into the U.S.

Just last month, a woman gave birth along the U.S. side of the Rio Grande. She had just crossed the river and her smugglers were yelling at her to keep moving as U.S. Border Patrol agents arrived. But she couldn’t continue, fell to the ground, and began to give birth.

The mother and her her daughter are safe and in good health. “They treated me well, thank God,” said the woman, who didn’t want her name used because she fears retribution if she’s forced to leave the country, in an interview with ABC News.

“There’s so many women in great danger,” Sister Norma Pimentel, executive director of Catholic Charities of the Rio Grande Valley, told ABC News. “They must really think before they do what they do and risk the life of their unborn child.”

Like so many other women, Hernández was waiting in Mexico under Trump’s cruel immigration policies.

Hernández was reportedly among about 800 migrants sheltering in an improvised riverside camp while awaiting U.S. hearings on their claims for asylum or visas. Other migrants are waiting in Matamoros, but have rented rooms.

Thousands of other migrants are waiting in other Mexican border cities for a chance to enter the U.S. — some for years. The Trump administration has turned away tens of thousands at legal border crossings, first citing a shortage of space and then telling people to wait for court dates under its “Remain in Mexico” policy.

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This Virtual Posada Aims To Help The LGBTQ Migrant Community And They Need Your Help

Things That Matter

This Virtual Posada Aims To Help The LGBTQ Migrant Community And They Need Your Help

Juan Zanella Gonzalez / Getty Images

For many Latinos, the word posada, evokes holiday celebrations surrounded by family and friends, singing, enjoying a warm meal (of tamales and ponche, of course), and spreading holiday cheer all around. Obviously, this year’s posadas will look very different but it’s more important than ever that we continue with traditions.

Posadas are steeped in the history of Mary and Joseph’s quest for safe refuge where the Virgin Mary could safely give birth to Jesus in Bethlehem. Given our current government’s cruel and anti-immigrant policies and rhetoric, the story of Mary & Joseph rings true with many people hoping to find a safer, better home in the United States. This is especially true for LGBTQ migrants who face unique challenges in both their journeys to the U.S. and their asylum experience.

Enter the LGBTQ Center Orange County. The center has proudly stood up to help the community in powerful and life-changing ways and their annual Queer Posada is one of the most important.

The LGBTQ community faces unique challenges in their quest for asylum and settlement in the U.S.

Credit: Lino de Jesús Herrera / Getty Images

LGBTQ detainees across the country have shared harrowing experiences of being mocked or tortured for their gender identity or sexual orientation. Many others have been sexually assaulted while in ICE custody or while waiting for their asylum claims at the U.S.-Mexico border. And transgendered and HIV-positive detainees have both been denied medically necessary healthcare that has posed a risk to their lives.

Migrant advocacy groups and several lawmakers have demanded that ICE release all LGBTQ detainees and anyone with HIV in the agency’s custody, because the government has repeatedly failed to provide adequate medical and mental health care to them.

And Southern California is home to the nation’s largest undocumented community, which means organizations like the LGBTQ Center Orange County have their work cut out for them. However, the center has proudly stood up to help in powerful and life-changing ways.

Meet JB, who was detained at Adelanto Detention Center and relied on the help of the LGBTQ Center Orange County.

JB, who identifies as a transgender man, was a detainee at Adelanto Detention Center. While in custody he was denied access to his hormone therapies which had negative effects on both his physical and mental health.

JB credits the LGBTQ Center Orange County with saving his life. The Center was a consistent advocate for JB and helped provide much-needed cash and weekly visits.

You can hear more stories from LGBTQ migrants who have been helped by the LGBTQ Center Orange County’s countless programs by following our Snapchat account, which will feature more important voices.

The LGBTQ Center Orange County offers so many important programs that help migrants out in extraordinary ways.

So often, LGBTQ migrants make the journey to the U.S. alone and, therefore, don’t have the family support (neither financial or emotional) that’s so important. But that’s where the LGBTQ Center Orange County comes in to help fill that void.

Volunteers and employees of The Center do so much for the community: from attending numerous events throughout the year to educate and provide much-needed resources or sending $20 to a detainee so they can have a filling meal, to helping advocate for the end of the partnership between Santa Ana Police and the Orange County Sheriff with ICE, to providing weekly citizenship classes to those who need them.

The LGBTQ Center Orange County has also been a leader in assisting eligible residents with their DACA applications, which is a cause close to the hearts of Luis Gomez and Jonatan Gutierrez – both DACA recipients who work with the LGBTQ Center Orange County.

And now it’s our turn to give back at the LGBTQ Center Orange County’s posada.

Obviously, this year’s posada tradition looks very different but the LGBTQ Center Orange County is working to keep the tradition alive by taking it online and making it free for all to attend. However, it is a critical fundraising event that enables the center to do all that it does for the LGBTQ migrant community across Southern California. 

And the work the center does is so important because it shouldn’t just be on detainees to speak out. All of us as part of the LGBTQ and migrant communities should support those in detention and speak out about the injustices they’re suffering in detention.

Donations from the Queer Posada will go toward the center’s LGBTQ Immigrant Fund. The unrestricted funds meet multiple needs from bonds, commissary funds, airline tickets to immigration filing fees. The center has also distributed checks to LGBTQ community members who have been severely impacted by COVID-19. You can get more information and RSVP for this free, virtual event here.

Plus it’s going to be a fun and free event that you won’t want to miss.

Not only will you be able to virtually hang out with members of the community and leaders from the LGBTQ Center OC but there will also be a spirited round of lotería, a raffle, and a live performance by the LGBTQ Mariachi Arcoíris de Los Angeles.

During the Queer Posada, their will also be an exclusive screening of the nearly 15-minute Before and After Detention documentary, followed by a Q&A with the director Armando Ibañez. The film follows three trans women who were released from detention centers. Angela, Fernanda and Gladys live in Los Angeles, while their asylum status is pending. In the documentary, they talk about their lives in their home countries of El Salvador, Guatemala and Mexico and being detained in the U.S.

The LGBTQ Center Orange County’s Queer Posada is taking place this Saturday, December 12 at 6 p.m. on Zoom, and is an important event for both the LGBTQ and migrant communities, one that you do not want to miss!

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