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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Smugglers Are Tagging U.S.-Bound Migrants With Color Coded Wristbands And Here’s Why

Things That Matter

Smugglers Are Tagging U.S.-Bound Migrants With Color Coded Wristbands And Here’s Why

WENDELL ESCOTO/AFP via Getty Images

As the United States experiences a so-called surge of people attempting to enter the U.S., human traffickers and smugglers are working double time as they try to capitalize on the increased movements.

Cartels and human traffickers have long run their smuggling operations like a legitimate business but they’ve only got more advanced in how they move people across the border region and one key tool: color-coded bracelets. These bracelets almost act as passports for migrants to safely cross a cartel’s territory without interference or threats of violence. But what do these bracelets mean and how are they fueling the problem of human trafficking?

Plastic bracelets are being used by cartels to identify migrants in their territory. 

U.S. border agents carried out nearly 100,000 apprehensions or rapid expulsions of migrants at the U.S.-Mexico border in February, which is the highest monthly total since mid-2019. With the increase in people attempting to cross the U.S.-Mexico border, cartels are managing this migration of people over their territory and trying to make money off the humanitarian crisis. 

Many cartels have implemented a color-coded bracelet system that identifies those migrants who have paid for permission to cross their territory. In the Rio Grande Valley sector, Border Patrol agents have recently encountered immigrants wearing the bracelets during several apprehensions, Matthew Dyman, a spokesman for U.S. Customs and Border Protection, told Reuters.

The “information on the bracelets represents a multitude of data that is used by smuggling organizations, such as payment status or affiliation with smuggling groups,” Dyman said.

The color-coded system isn’t totally understood.

Credit: ED JONES/AFP via Getty Images

Migrants can pay thousands of dollars for the journey to the United States and human smugglers have to pay off drug cartels to move people through parts of Mexico. This is a money-making operation and cartels want to pay close attention to who has paid. The bracelets may just be a new way to keep track.

Criminal groups operating in northern Mexico, however, have long used systems to log which migrants have already paid for the right to be in gang-controlled territory, as well as for the right to cross the border into the United States, according to migration experts. In fact, in 2019, smugglers kept tabs on rapidly arriving Central American migrants by double checking the names and IDs of migrants before they got off the bus to make sure they had paid. 

One man, a migrant in Reynosa – across the border from McAllen, Texas – who declined to give his name for fear of retaliation, showed Reuters a picture of a purple wristband he was wearing. He told them that he had paid $500 to a criminal group in the city after he arrived from Honduras to ensure that he wasn’t kidnapped or extorted. He said once migrants or their smugglers have paid for the right to cross the river, which is also controlled by criminal groups, they receive another bracelet.

“This way we’re not in danger, neither us nor the ‘coyote,’” he told Reuters.

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Despite Promises, President Biden Looks To Reopen A Child Migrant Center Facing Sexual Assault Allegations

Things That Matter

Despite Promises, President Biden Looks To Reopen A Child Migrant Center Facing Sexual Assault Allegations

RHONA WISE/AFP via Getty Images

Since taking office in January, President Biden has been hard at work addressing everything from the nation’s COVID vaccine program and economic response to comprehensive immigration reform. However, several of his planned changes have hit major roadblocks as federal judges (many appointed by Trump) strike down his new policies.

But despite much of his administration’s progress on issues that affect the Latino and immigration communities, the administration is seriously considering reopening one of the country’s largest child migrant detention centers.

The Biden administration looks to reopen the Homestead facility for children.

The Biden administration is facing a sharp increase of unaccompanied child migrants arriving at the US-Mexico border and they’re considering reopening one of the nation’s most controversial detention centers.

The Miami Herald reported that the feds might reopen the Homestead site under the name Biscayne Influx Care Facility, an announcement that has caused outrage among advocates working towards ending the detention of children altogether.

“That place has a history of all kinds of abuse and profiting off the lock-up of children,” said Lis-Marie Alvarado, program director of the Miami-based organization American Friends Service Committee (AFSC), which led the call for Homestead’s closure in 2019. A move to reopen the facility is “appalling and a slap to our faces,” she said.

The center has a troubling history of sexual assault allegations.

The facility was in the news in 2019 following shocking allegations of sexual abuse and prison-like conditions, which drew the condemnation of several Democratic candidates for president, including current Vice President Kamala Harris.

Detaining children, particularly in such dire conditions, “is a human rights abuse being committed by the United States government,” she told a small crowd. Harris later described seeing “children lined up like prisoners” as heartbreaking. 

Homestead first opened as a temporary shelter in 2016 under President Barack Obama, closed the following year, and was reactivated in 2018. Between March 2018 and August 2019, it housed more than 14,300 unaccompanied minors ranging from 13 to 17 years old, including dozens who had been torn from their parents under Trump’s policy of separating families. The average length of stay in the facility was 52 days by March 2019, with some minors spending almost four times as long.

The hypocrisy of the administration is truly frustrating.

Credit: Joe Raedle/Getty Images

In June 2019, then-Senator Kamala Harris (and candidate for president) visited the Homestead facility demanding that it be shut down. She, along with several other Democratic lawmakers, joined a series of rallies at the center to denounce Trump’s cruel immigration policies. The facility was subsequently shut down just a month later after mounting public pressure.

But now, a year and half later, the facility might be reopened under the Biden-Harris administration.

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