It is likely that USA reinstate a Trump-era policy in mid-November that requires asylum seekers crossing the southern border to return to Mexico, the Administration said Biden to a federal judge.
The Department of Homeland Security (DHS) has made “substantial progress” toward resuming the Migrant Protection Protocols, which oblige asylum seekers from Central and South America to wait in Mexico for their resolve their cases, the Justice Department said in a file Friday in federal court in Amarillo, Texas.
The term depends on Mexico, which has concerns about how the policy was implemented previously and seeks assurances that asylum seekers will get speedy hearings and access to a lawyer, and that “particularly vulnerable populations” will not be returned to Mexico, the US said. They caused thousands of asylum seekers to wait in camps in Mexico, creating dangerous and unsanitary conditions.
The Biden Administration tried to eliminate the policy implemented by the former president Donald TrumpBut in August, a judge ordered DHS to restart the program after Texas and Missouri filed a lawsuit. Since then, states have accused the Administration of delaying.
The legal dispute unfolds before hundreds of thousands of people from Central America and elsewhere who have crossed the US border in recent months, and a sharp increase in migrant arrests. Republicans say the crisis is evidence that Trump’s policies worked, while the Biden Administration argues that the “Stay in Mexico” rule does more harm than good.
“DHS cannot implement the protocols without Mexico’s independent decision to accept the people the US seeks to send to Mexico,” the US said in legal documents. “As a sovereign nation, Mexico can deny entry to all people who do not have status in Mexico.”
Ongoing discussions with Mexico include details on where and at what time asylum seekers will be allowed to enter, how many people will be allowed to cross the border into Mexico per day and what nationalities will be accepted, according to the filing. Mexico wants guarantees that asylum cases will generally take no more than six months and that people awaiting court hearings in Mexico “will receive timely and accurate information on the dates and times of the hearings,” according to the record.
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