The government of the president Joe Biden reinstated a measure from his predecessor on Monday Donald Trump that forces asylum seekers to wait in Mexico for the date of their hearing in a United States immigration court, in an attempt to comply with a court order and after agreeing to changes and additions that the Mexican government demanded .
It was initially reactivated in El Paso, Texas, where about 50 migrants will be sent back to Ciudad Juárez daily, Mexicoaccording to a federal government official who spoke on condition of anonymity because details were not released.
The Department of Homeland Security confirmed that the shipment of migrants to the Mexican side of the border began in one place and will expand to six others. He refused to identify which city is and the number of migrants to be processed, arguing “operational security reasons.”
The resumption of the “Remain in Mexico” policy comes despite the Biden administration maneuvering to end it in a way that meets legal scrutiny. Biden suspended the measure, but a lawsuit filed by Texas and Missouri has forced him to reinstate it, as long as he has the acceptance of Mexico.
What is the “Stay in Mexico” measure?
Approximately 70,000 asylum seekers have been forced to wait in Mexico for the date of their hearing in a United States immigration court, under the policy that Trump established in January 2019 and that Biden suspended on his first day of employment. government.
Illegal border crossings fell dramatically after Mexico, under Trump’s threat to impose higher tariffs, consented in 2019 to the rapid expansion of the measure.
Asylum seekers were victims of serious acts of violence while waiting in Mexico and faced a series of legal obstacles, such as access to lawyers and information on their cases.
Only about 1% of asylum seekers subject to the measure received shelter, according to the Transactional Records Access Clearinghouse at Syracuse University. About 60% of the applications were rejected or rejected, and the rest of the cases remain pending.
Only one in ten asylum seekers had legal representation, well below the average in an immigration court in the United States.
Trump administration officials insist the policy was instrumental in discouraging illegal crossings. Alejandro Mayorkas, current Secretary of Homeland Security, said the measure possibly contributed to a decline in the number of crossings in 2019, but with “substantial and unjustifiable human costs” for asylum seekers who were exposed to violence while waiting in Mexico. .
Critics say the policy, officially known as “Migrant Protection Protocols,” ignores US federal laws and international asylum obligations, a claim Trump called “a sham.”
How is this new version of “staying in Mexico” different?
Biden’s version expands the measure to migrants from countries in the Western Hemisphere, while Trump largely limited it to Spanish-speaking nations of the hemisphere. Mexicans continue to be exempt from it.
The expansion is particularly significant for Haitians, who formed a huge encampment in the border town of Del Rio, Texas, in September. Brazilians, who were largely exempted during Trump’s term, could also be hit hard.
The United States will attempt to complete the cases within 180 days, a response to the Mexican government’s concerns that they will languish unresolved in a judicial system that has 1.5 million pending cases.
US authorities will ask migrants if they are afraid to return to Mexico, rather than waiting for them to voice any concerns without being prompted. If migrants say they are afraid, they will be evaluated and given 24 hours to find a lawyer or representative.
The migrants will also have an opportunity to meet with attorneys before each hearing, federal officials say. The State Department works in conjunction with Mexico to establish locations with telephone and video access to attorneys in the United States.
Many US-based legal aid groups that have represented asylum seekers waiting their turn in Mexico say they will no longer take such cases. Activists are highly skeptical of claims by US and Mexican authorities that other attorneys are likely to offer to take on the cases.
What does Mexico say?
Federal District Judge Matthew Kacsmaryk, appointed by Trump in Amarillo, Texas, wrote in his Aug. 13 ruling that reinstatement of the measure depended on the Mexican government accepting it. Mexico’s Foreign Ministry said Thursday that it would allow humanitarian returns after the changes and additions promised by the Biden government are made.
All migrants subject to the policy will be vaccinated against COVID-19. Adults will receive the Johnson & Johnson vaccine, which requires only one dose. Minors who are eligible according to US federal guidelines will receive the Pfizer vaccine, and the second dose once they arrive in the United States for their first hearings.
During the negotiations, Mexican authorities expressed concern about sending migrants back to the northern part of the state of Tamaulipas, a particularly dangerous border area with Texas and the busiest illegal crossing corridor. They requested financial support from the United States for the installation of more shelters, but only received commitments in vague terms.
Eventually the measure will be extended to six other cities: San Diego and Calexico, in California; Nogales, Arizona, and the border towns of Brownsville, Eagle Pass and Laredo, in Texas.
Agreements are already being worked on to provide transportation in Mexico to and from the border. Migrants sent back to Tamaulipas from Brownsville, Eagle Pass and Laredo could be taken to other parts of the interior of Mexico for their personal safety.
.
Ricardo is a renowned author and journalist, known for his exceptional writing on top-news stories. He currently works as a writer at the 247 News Agency, where he is known for his ability to deliver breaking news and insightful analysis on the most pressing issues of the day.
