Things That Matter

With This New Rule, Migrants Passing Through Mexico Will No Longer Be Eligible To Seek Asylum In The US

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The US will end asylum protections for Central Americans and others who cross through Mexico to reach the southern border, the Trump administration announced Monday, a sweeping, unprecedented move that will quickly be challenged in court.

The new move, which bars asylum for any individual who crosses through a third country but does not apply there for protection before reaching the US southern border, takes effect Tuesday in the form of a regulatory change.

In a move that many are saying is illegal, Trump has moved to limit asylum protections for migrants from Central America.

Credit: @AP / Twitter

The Trump administration on Monday moved to dramatically limit the ability of Central American migrants to claim asylum if they enter the United States by land through Mexico, the latest attempt by the White House to limit immigration and toughen the US asylum process amid overcrowded conditions at border facilities.

The rule from the departments of Justice and Homeland Security would prohibit migrants who have resided or “transited en route” in a third country from seeking asylum in the US, therefore barring migrants traveling through Mexico from being able to claim asylum and as a result, drastically limit who’s eligible for asylum.

The new rule affects anyone who travels through a third country before seeking asylum in the US.

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It becomes the latest in a series of attempts by the Trump administration to actively deter asylum seekers from reaching the border. 

Many are saying that with this one rule change, the US is turning its back on the entire asylum process and likely breaking US and international law.

Many are describing the new rule as completely violating both US and international law.

Credit: @ajplus / Twitter

Lee Gelernt, the ACLU attorney who has led efforts to contest the Trump administration’s immigration policies in court, said the organization will challenge the new asylum rule, arguing that it is inconsistent with U.S. and international law.

“The administration is effectively trying to end asylum at the southern border,” Gelernt said. “The administration has already tried once to enact an asylum ban for individuals who cross between ports of entry and the courts struck it down because Congress has made a commitment to provide protection to individuals regardless of where they cross. The administration is now attempting an even broader bar on asylum based on which countries you transited through, but Congress made clear that it’s irrelevant whether you had to walk through other countries to get to safe haven in the United States.”

The ACLU and other immigrant’s rights organizations are already threatening immediate legal challenges.

The move is almost certain to trigger swift legal challenges, because the US Immigration and Nationality Act (INA) contains broad provisions allowing foreigners who reach US soil to apply for asylum if they claim a fear of persecution in their native countries.

An American Civil Liberties Union attorney who has been challenging Trump administration immigration policies in court said the organization would seek an injunction “immediately.”

Perhaps most disturbing, the rule change also affects unaccompanied minor children.

Credit: @TexasTribune / Twitter

Kids who come to the US border to seek asylum would now be forced to return to Mexico and first attempt a claim at asylum there.

Democratic officals pointed out the irony of Trump forcing migrants fleeing violence in their home country to seek asylum in a country he’s described as full of violence and rapists.

Credit: @HouseForeign / Twitter

Under US law, migrants are allowed to claim asylum once on US soil. There’s a caveat, however, for those who come through safe third countries, meaning countries that the US has entered into an agreement with.

The United Nations’ refugee agency defines “safe country,” in part, as “being countries in which refugees can enjoy asylum without any danger.”

But Trump’s own statements on Mexico could undercut that definition. In tweets, the President has called Mexico “one of the most dangerous country’s in the world” and claimed that the murder rate in the country has increased.

“The Coyotes and Drug Cartels are in total control of the Mexico side of the Southern Border. They have labs nearby where they make drugs to sell into the U.S. Mexico, one of the most dangerous country’s in the world, must eradicate this problem now. Also, stop the MARCH to U.S.” Trump tweeted in April.

Many took to Twitter to express their doubt about whether the president even understands how international treaties work.

Credit: @GenYDiogenes / Twitter

“This latest regulation is an attempt to close down one of the few remaining avenues for people in need of protection,” said Ur Jaddou, former chief counsel for the US Citizenship and Immigration Services.

“The only ray of light for those seeking safety is that Congress was clear when it enacted the asylum law and this attempt to circumvent it by regulation will likely see the same fate of other Trump administration attacks on the law and result in a federal court injunction.”

READ: After Being Denied Asylum By The US Some Migrants Are Returning Home With Mexico’s Help

ICE Is Taking Advantage Of Migrants Who Can’t Read Or Write In Their Court Proceedings

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ICE Is Taking Advantage Of Migrants Who Can’t Read Or Write In Their Court Proceedings

Sandy Huffaker / Sandy Huffaker

Last summer, images of undocumented immigrant children went viral. These images didn’t show them crying, or being taken away from their parents. These children were pictured alone in court. The nameless children had no one by their side, no one to represent them, and had no clue what was going on, despite the fact that they were there trying to seek asylum. In some cases, these children wore headphones as a means to translate what the judge was saying. However, given that they were just children, the translation was almost useless. Reports are now servicing that immigration officials are using the language barrier as a means to keep them out of the U.S. 

An op-ed, written by a volunteer at the border, states that asylum-seeking immigrants cannot read or write in English or in their native tongue and immigration officials are taking advantage of that.

Emily Reed, a recent grad student from Barnard University, wrote an op-ed in The Washington Post that stated she witnessed this manipulation from immigration officials against illiterate undocumented people. Reed was at the border in Texas volunteering with classmates at the South Texas Family Residential Center volunteering with the Dilley Pro Bono Project when she witnessed this manipulation. 

“U.S. Customs and Border Protection often conveniently exploit asylum seekers who cannot read. Along with an unfamiliarity with our deliberately complex immigration system, the illiteracy of Central American migrants, especially women, facilitates the deportation of parents and separation of families,” Reed wrote. She added, “By manipulating illiterate refugees who often unwittingly sign away their rights, the U.S. government is violating the basic tenets of the internationally recognized and protected right to seek asylum.” 

Reed added that her volunteer program with the legal center provided Spanish documents to the migrant families, but they couldn’t under that either.

“Simple translation is not enough,” she wrote. “The Dilley Pro Bono Project provides documents in Spanish, but even this paperwork was difficult for many migrant women to understand. Many women I helped to fill out paperwork struggled simply to write their children’s birth dates.”

The migrant families are being rushed within the court and legal process, which in turn, is causing deportation to happen a lot faster.

Last year, the American Civil Liberties Union (ACLU) reported that the haste paperwork at the border made it possible for immigration officials to rush and deport undocumented immigrants. The ACLU stated this process should not be rushed because people need to take their time and understand what is going on and what it is that they’re signing. 

“This waiting period is crucial to ensure that parents have an opportunity to make an informed decision about whether to fight their own removal cases, leave their children (who may have their own asylum claims) behind in the United States, or make some other decision,” the ACLU stated lasted year. “In short, families will be making life-altering decisions after months of traumatic separation — and the fact that the government is trying to shortchange them a matter of days to do so is galling.”

A New York Times report showed that 58,000 asylum seekers are currently stuck in Mexico under Trump’s policy because they’re awaiting asylum hearings.

The backlog for these asylum hearings is up to six to eight months, and when they’re ready for their hearing the majority of them won’t understand what needs to be done. This is why they need proper representation, and a patient legal system so they comprehend what is being asked of them and what the next steps are. 

What makes this matter even worse is that there’s not enough legal representation for each family unit, or individual, at the border. 

Last year, it was very apparent that there were not enough lawyers or legal help for undocumented immigrants at the border, and this year there’s even more undocumented people awaiting help and attempting to seek asylum. There people like Reed who want to help asylum seekers, but it’s not as easy as they might think. 

“People see the crisis happening, and they want to do something right now, which is great. But when we explain that this is a long-term fight, and we need your long-term commitment. That’s when people sort of back off.” Zenén Jaimes Pérez, the communications director at the Texas Civil Rights Project, told Huffington Post last year. 

If, however, you are willing to put in the time, or you’re interested in learning more about how you can provide legal help, or assist legal teams at the border, please reach out to: the South Texas Pro Bono Asylum Representation Project (“ProBAR”); the Immigration Justice Project (“IJP”); the ACLU of Texas; and RAICES.

READ: Selena Gomez Announces New Netflix Series ‘Living Undocumented’

This Teen Girl Was Forced To Wait In Mexico Under The ‘Remain In Mexico’ Policy And She Nearly Drowned In The Rio Grande

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This Teen Girl Was Forced To Wait In Mexico Under The ‘Remain In Mexico’ Policy And She Nearly Drowned In The Rio Grande

In June, 25-year-old Óscar Alberto Martínez Ramírez and his 23-year-old daughter Angie Valeria drowned in the Rio Grande trying to reach the U.S. to seek asylum. The horrific image of their lifeless bodies, face down, in the water, was published everywhere. Some said the image represented the immigration crisis, others said their death was the result of President Donald Trump’s anti-asylum agenda. The truth is both of those aspects, but the fact remains that countless people have died trying to cross through the Rio Grande, and some just don’t make it. Some, however, fortunately, survive. 

A 17-year-old girl Honduran asylum-seeker was swept into the Rio Grande and nearly drowned.

According to BuzzFeed, the young girl named Breni entered the river with a friend in order to bathe. However, both girls were taken in by the current. Her friend, a 14-year-old, sadly didn’t make it and drowned in the river. 

“They couldn’t get to me and the water sucked me in,” Breni said in an interview with BuzzFeed News. “All I could see was water before I went under and then everything went black.” 

Thankfully, the girl was rescued by fellow migrants who eventually were able to pull her out of the waters.

Her father, who was nearby, saw that she was being pulled out and believed her daughter was dead. According to the report, others did as well because her rescuers did chest compressions. Breni was taken to the hospital and it was there that she finally woke up.  BuzzFeed News reports that Breni and her father are living on the streets of Matamoros, Mexico awaiting their U.S. asylum hearing. They did not disclose why they had fled their country of Honduras. The father added that he feels the hospital released his daughter too soon. 

“It’s tough because I want my daughter to be okay and I know they didn’t give her the attention she deserved,” Breni’s dad said. “I wish we didn’t have to bathe in the river, but we do it out of necessity. We don’t have much here.”

The number of migrants deaths at the border is unclear, though as of June there have been more than 283 deaths. 

According to the Associated Press, “283 migrant deaths were recorded along the 2,000-mile border last year. The death toll so far this year was not immediately released.” Many of those deaths occurred when people were trying to cross the Rio Grande. Several deaths were recorded this summer, and earlier this year in May, a raft that overturned killed four people, including a baby

“The Rio Grande Valley Sector currently has multiple campaigns focused on rescues and danger awareness, such as ‘Operation Big Rig’ and ‘No Se Arriesgue’ to combat smuggling and ultimately save lives,”  Customs and Border Protection (CBP) said in the release, in June, according to CNN.  

The Rio Grande stretches 1,885 miles and is used by migrants to cross into the U.S. 

While the CBP claims to have agents to help migrants at the Rio Grande Valley, other information express the contrary. The Associated Press reports that Border Patrol spokesman Ramiro Cordero said in June that “that in past years, agents would be posted near canals and hear the cries of help from migrants. But they are doing other duties this year with so many immigrants showing up, some in poor health. ‘Unfortunately, because of the large influx of illegal aliens and agents having to be diverted to other duties, such as transporting, hospital escorts … there are not a lot of agents readily available to hear these cries.'”

As of August, there are an estimated 58,000 asylum seekers that are stuck in Mexico under Trump’s policy because they’re awaiting asylum hearings.

The New York Times is reporting that 58,000 asylum seekers remain around Mexico’s border, in various cities, as they await their hearing. The backlog for these asylum hearings is up to six to eight months. The reason why the asylum seekers remain close to the border is that they’re unsure of when they will be called for their court hearing. According to the Mother Jones article, they can sometimes be told to appear within hours.

On Sept. 9, federal courts “reinstated a nationwide injunction blocking a Trump administration asylum ban that denied asylum to anyone at the southern border who had transited through a third country en route to the United States,” the American Civil Liberties report after they filed a lawsuit against Trump’s “remain in Mexico” policy.  ACLU attorney Lee Gelernt stated, “The court recognized there is grave danger facing asylum-seekers along the entire stretch of the southern border.”

READ: Thanks To Trump’s ‘Remain In México’ Policy, A Man And His Kid Were Kidnapped Hours After Returning To Mexico