Things That Matter

A Venezuelan Man Won Legal Protection From Deportation But ICE Still Deported Him To Mexico

Jesus spent three months awaiting his immigration case in Mexico thanks to the Migrant Protections Protocol (MPP) policy. “Remain in Mexico” is a fate that has left many migrants targets of cartel violence, but Jesus was a fortunate exception. After fleeing from Venezuela, then waiting in Mexico, he was able to win his court case without a lawyer and without being fluent in English. 

The judge granted him withholding of removal which would normally protect a migrant from deportation. Jesus seemed to have scored a win or at least that was how it seemed. Soon after, he was taken back to Mexico with no explanation as to what was happening. 

NPR featured Jesus’ story which proved to be a cascade of unanswered questions left by Customs and Border Protection — albeit with a hopeful ending. 

Jesus and immigration lawyers are now scrambling to figure out what is going on.

When Jesus became one of 55,000 migrants forced to await a court date in Mexico for the second time, things began to seem vexingly suspicious. Kennji Kizuka, a lawyer with Human Rights First, took on Jesus’ case after his win in court. 

“The proceedings in immigration court were finished. There were no more hearings to be held,” said Kizuka.

Kizuka told NPR that immigration officials put a false court date on Jesus’ paperwork, however, the date did not appear on any court docket. The court date is significant because migrants can only return to Mexico if they have a pending court appointment. 

“They put a fake date on a piece of paper that says you have an upcoming hearing. And there was no hearing,” Kizuka said. “They wanted to return him to Mexico again, and they needed to convince the Mexican officials to take him back.” 

CBP appears to be sending mixed signals to migrants. 

A spokesperson from CBP told NPR that they do not use fake court dates and said the date was legitimate. CBP also says that migrants who are granted a withholding of removal protection can still be deported if authorities are considering appealing the judge’s ruling. NPR found 17 instances where migrants who were granted the same protections were deported. 

“When an immigration judge’s decision is appealed or under consideration for appeal, immigration proceedings remain underway,” a CBP spokesman said.

However, Kizuka believes the documents that CBP gave to Jesus contained numerous false statements asserting that he had pending court dates when he does not. The government did not choose to appeal’s Jesus’ case either. To make matters more confusing. Acting Commissioner of CBP Mark Morgan says migrants who have won their cases should be able to stay in the U.S. 

“I don’t think that should be happening,” Morgan told NPR with regard to Jesus’ case. “If that’s happened the way you described that, then that’s an anomaly. It’s a mistake. But we’ll take a look at that.”

Jesus scores a second win — but it won’t help other migrants necessarily. 

Kizuka met Jesus in-person to help get him back into the United States using the judge’s court order. They were met with resistance. 

“They told us that Jesus was not going to be allowed into the United States,” Kizuka said. “One officer told me that by going back to Mexico, his deportation had already been carried out.”

Kizuka did not give up. He argued at the border for four hours. He had other staff members call the Department of Homeland Security. He had them call members of Congress. He contacted anyone who could help. Finally, they gave in with no explanation. 

Jesus is now living in Florida with his sister and mother. The three of them are fighting to receive asylum and become citizens. However, Jesus’ story highlights how much luck is necessary for any migrant to get the system to work properly for them even if they act lawfully throughout the process. 

In Venezuela, Jesus was a police officer but when government officials asked him to arrest members of the opposition party for crimes they did not commit, he refused. His family became targets of violence, resulting in the murder of his father. 

“They started to persecute me and my family,” he said. “They killed my father. My mother was followed. She was threatened with a pistol and beatings.”

When he was held in Nuevo Laredo, Mexico he narrowly escaped kidnappings and violence, much of which he witnessed himself. Jesus is content in Florida but he did not feel he was treated with dignity on his way to getting there. 

“I hoped the treatment would be warmer, more humane,” Jesus said. “But the officials are really harsh and insulting to migrants. And the system is really complicated.”

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10-Year-Old Boy Found Crying Alone Near Border Had Been Deported And Kidnapped With His Mom

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10-Year-Old Boy Found Crying Alone Near Border Had Been Deported And Kidnapped With His Mom

John Moore/Getty Images

Anyone who has watched this video of a 10-year-old boy asking a Border Patrol officer for help through tears, can admit just how heartbreaking it is. The boy says he was left alone while traveling with a group across the border when they abandoned him.

But now his family is speaking out and sharing the backstory to the emotional video that further highlights just how urgently the crisis at the border needs to be addressed.

Video of a 10-year-old boy wandering near the border quickly went viral for how heartbreaking it was.

A heartbreaking video shared last week by Customs and Border Protection of an unnamed 10-year-old boy found wandering alone in Texas underscored how desperate the situation is on the southern border. The video showed a young Nicaraguan boy found on the side of a dirt road by an off-duty Border Patrol agent after wandering alone for four hours in the desert.

People reports that U.S. Customs and Border Protection released footage of the incident, which happened on April 1 by a Rio Grande border patrol agent. The boy explains to the officer that he woke up and discovered that his group had left him behind. “I came looking because I didn’t know where to go, and they can also rob or kidnap me or something,” he told the officer. 

In a statement to the publication, the U.S. Customs and Border Protection said the agent “transported the child to a Border Patrol facility where he was fed and medically screened.”

But now we’re getting a better understanding of what led to this heartbreaking video.

Now, the boy’s family have described his plight to the Washington Post. Little 10-year-old Wilton Obregon and his mom crossed the border into Texas last month but were expelled under Title 42, a policy that releases migrants back to Mexico without letting them seek asylum.

Hours after they were sent back, they were kidnapped, according to Wilton’s Miami-based uncle, Misael Obregon. The kidnappers called him and demanded a $10,000 ransom but Misael could only pay $5,000 so the kidnappers only released Wilton. They dumped Wilton back at the border. Obregon said his sister is still in custody of the kidnappers. “Now I’m worried that she’s going to die,” he said.

In fact, the boys mom called Misael Obregon on Friday morning, crying after seeing the video of her son crying at the border.

The family’s plight highlights the need for reforms to Title 42.

During the campaign, President Biden complained about the humanitarian consequences of the Trump administration’s “Remain in Mexico” policy, which forced asylum seekers to wait for the their court hearings in Mexico. Many were forced to wait in dangerous refugee camps along the border that subjected them to human trafficking, violence, and sexual assault.

Under Title 42, though, which began under President Donald Trump and continues under Biden, asylum seekers are again in the same desperate situation. It’s unclear how many of them have been kidnapped.

“The Biden administration is winding down one of the Trump administration’s most notorious policies but at the same time it is expelling other asylum seekers back to the very same dangers, attacks and kidnappings through its continued use of the Trump administration’s Title 42 policy to evade U.S. refugee law,” Eleanor Acer, senior director of refugee protection at Human Rights First, said in a statement.

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

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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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