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    The US Must Commit to Protecting Central Americans

    Recent comments by US Vice-President Kamala Harris over migration from Guatemala are part of an unfortunate pattern. Like Harris, other members of the Biden administration have been telling Central American migrants — many of whom are forced to leave home — “do not come” to the United States because they will be turned away at the US-Mexico border.

    Harris walked back these statements last week, partly in response to criticism from groups like Refugees International that swiftly highlighted the right to seek asylum and international protection. In an interview following her trip to Guatemala and Mexico, she said, “Let me be very clear, I am committed to making sure we provide a safe haven for those seeking asylum, period.” But it remains an open question whether this commitment will be reflected in concrete policy change.

    Joe Biden Faces Many Challenges in Latin America

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    It is time for the United States to show a stronger commitment to the protection needs of Central American migrants. The Biden administration can do so by taking five important steps.

    Rights of Central American Migrants

    First, the administration must commit to increasing resettlement. Politicians who want to emphasize protection sometimes speak about having migrants apply for asylum from home. This confuses asylum, which is requested at the border or from within the US, with resettlement, which is usually applied for from a third country rather than the home country, where it is too dangerous for people seeking protection to await processing.

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    Unfortunately, no significant US refugee resettlement program for Central Americans currently exists. Harris did not discuss plans to create one, even for the women the administration acknowledges flee violence in Guatemala. The statement that Guatemalans should not come undermines not only the right to seek asylum under US law, but it also bolsters a long history of American refusal to recognize Guatemalans as refugees or the role of US policies in causing forced displacement in the region.

    The Biden administration has allocated some additional refugee visa slots for Central Americans and established a Migration Resource Center in Guatemala to advise people about the availability of refugee resettlement. However, much more needs to be done by the State Department, Homeland Security (DHS) and Congress to build a substantial resettlement program for Guatemalans. The administration should work with Congress to ensure that more Central Americans are referred and are eligible for refugee resettlement.

    Second, the United States must make it possible for additional at-risk youth from Honduras, El Salvador and Guatemala to qualify as refugees through the Central American Minors (CAM) program. On June 15, Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas announced an expansion of the renewed program, which existed under the Obama administration. It allows parents based in the United States to apply to have their children come to the country from Central America as refugees.

    This is welcome news. But the devil is in the details. It remains to be seen if, unlike during the Obama-era CAM program, significant numbers of Guatemalan parents will actually be eligible and helped to apply and if US officials sent to interview children will recognize them as refugees. It is also unclear if, this time around, the US government will ensure the safety of children while they are interviewed in Guatemala and provide them with needed support after they arrive in the US. The Biden administration must revise eligibility, retrain adjudicators and commit resources to make this program a true pathway to security for Guatemalan kids.

    Third, the Biden administration must also restore asylum at the border. Harris’ description of the border as closed does not accurately represent precisely what is happening, only further adding to the confusion. On the one hand, newly arriving migrants cannot ask for asylum at ports of entry along the US southern border and they could be expelled under an unjustified COVID-19-related order. On the other hand, the administration has exempted unaccompanied minors from Central America from this order and is admitting rather than expelling the majority of arriving families. Yet single adult asylum seekers who enter between ports of entry are an enforcement priority. These migrants are either expelled without any screening for their protection needs or detained at Immigration and Customs Enforcement (ICE) facilities for long periods.

    Further, the Biden administration recently announced that asylum-seeking families admitted at the border will have their cases adjudicated on a faster timeline in immigration court without ensuring they will have access to counsel. Refugees International encourages the administration to end the COVID-19 expulsion policy, process asylum seekers at ports of entry, release asylum seekers to pursue their claims at their destination locations, and expand access to legal counsel for asylum seekers.

    Fourth, the Biden administration must listen to the voices of Central Americans. Harris’ comments will likely do little to affect migration and may take away from other issues that are of the utmost importance for Guatemalans. Smugglers are not swayed by such remarks and continue to profit off a booming business that feeds on the lack of legal pathways available to Central Americans.

    Guatemalans themselves often have no control over the conditions that force them to migrate, little of which have to do with US immigration policies. Two devastating hurricanes, pervasive violence and crime, and endemic corruption are some of the main reasons why people flee. These drivers will take years to diminish. In the meantime, the United States should work to build trust with Guatemalan civil society and prioritize support to areas that Guatemalans are specifically calling for help. Most notably, the US needs to support Guatemala in reducing corruption, as several prominent organizations in the country have asked for.

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    Finally, the Biden administration must work with Mexico on a holistic approach to migration that goes beyond deterrence and the prevention of northward movement. For decades, the US has asked the Mexican government to help keep migrants from the border through increased enforcement at Mexico’s southern border with Guatemala and ramped up detention and deportation in Mexico. This limits many with international protection concerns from seeking asylum in Mexico or the US.

    It remains to be seen whether policy changes like the proposed US-Mexico “Operations Group on Human Smuggling and Human Trafficking” will offer protection to victims of human trafficking at the border, whose needs have been ignored in the past. On his trip to Mexico last week, Secretary Mayorkas met with officials from the National Institute of Immigration (INM), but not with representatives of the Mexican Commission for Refugee Assistance (COMAR). Nor did the delegation from the United States traveling with Mayorkas include officials focused on asylum and humanitarian concerns. In bilateral discussions about migration with Mexico, the Biden administration needs to increase emphasis on access to protection.

    Following Through

    If President Joe Biden is serious about providing protection to Central Americans, his administration must more clearly and consistently articulate its commitment to this goal. It must follow through on the commitment via increased access to refugee resettlement and asylum and to humble and holistic cooperation with regional partners.

    Harris’ approach was a political mistake and a lost opportunity. Other plans announced by the administration indicate a more productive approach that can be best fulfilled by adopting the five steps we have outlined.

    *[Yael Schacher is a senior US advocate and Rachel Schmidtke is an advocate for Latin America at Refugees International.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    AOC condemns Kamala Harris for telling Guatemalan migrants not to come to US

    The progressive New York representative Alexandria Oscasio-Cortez has criticized Vice-President Kamala Harris, for saying undocumented migrants from Guatemala should not come to the US.On her first foreign trip as vice-president, Harris visited Guatemala on Monday. At a press conference with Guatemala’s president, Alejandro Giammattei, the former California senator spoke about investigating corruption and human trafficking in Central America, and described a future where Guatemalans could find “hope at home”.But she also had a clear message that undocumented Guatemalan migrants would not find solace at the US border under the Biden administration.“I want to be clear to folks in the region who are thinking about making that dangerous trek to the United States-Mexico border,” she said. “Do not come. Do not come.”Later on Monday, Oscasio-Cortez condemned Harris on Twitter, calling her comments “disappointing to see”.“First, seeking asylum at any US border is a 100% legal method of arrival,” said the congresswoman, an influential voice on the Democratic left since her upset win in a 2018 primary and widely known as AOC.“Second, the US spent decades contributing to regime change and destabilization in Latin America. We can’t help set someone’s house on fire and then blame them for fleeing.”Several human rights groups also spoke out.Rachel Schmidtke, Latin America advocate at the non-profit Refugees International, said: “We continue to urge the Biden administration to build policies that recognize that many Guatemalans will need to seek protection until the longstanding drivers of forced displacement are addressed and realign its message to the Guatemalan people to reflect America’s commitment to the right to seek protection internationally.”The Asylum Seeker Advocacy Project, a non-profit that works with asylum seekers, tweeted: “Kamala Harris, seeking asylum is legal. Turning back asylum seekers is illegal, dangerous, & oftentimes sends them back to their deaths. Seeking asylum is a right under US and international law.”Despite Joe Biden moving to undo Trump-era restrictions at the border, including instituting changes to the asylum process, Harris’s speech underlined a continued stance of turning back undocumented migrants.Central America has long been affected by poverty and violence, amid entrenched cycles of political instability partly caused by criminal elites. Experts contend the US has often aided oppressive regimes. Despite the litany of dangers migrants often face when traveling north, the journey is often safer than remaining at home.“People are leaving because the corrupt governments (supported by the US) have tolerated and encouraged the growth of these criminal organizations,” said Jeff Faux, founder of the Economic Policy Institute, in an interview with USA Today.In April, according to CNN, more than 178,000 migrants arrived at the US-Mexico border, the highest one-month total in two decades. More

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    Kamala Harris tells migrants 'do not come' during talks in Guatemala – video

    The US vice-president, Kamala Harris, said she had held ‘robust’ talks with the Guatemalan president, Alejandro Giammattei, as she sought to find ways of deterring undocumented immigration from Central America to the United States. Speaking during a news conference with Giammattei, Harris delivered a blunt message to people thinking of making the dangerous journey north: ‘Do not come’

    Kamala Harris faces doubts over retooled US policy in Central America
    Kamala Harris takes on a new role as she heads on her first overseas trip More

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    'Blindsided': Biden faces tough test in reversing Trump's cruel border legacy

    Lauded for his human touch, Joe Biden is facing an early political and moral test over how his government treats thousands of migrant children who make the dangerous journey to America alone.

    Officials say the number of people caught attempting to cross the US-Mexico border is on pace to hit its highest number for 20 years. Single adults and families are being expelled under coronavirus safety rules inherited from Donald Trump.
    But a growing number of children, some as young as six years old, from Guatemala, El Salvador and Honduras are arriving at the southern border without parents or guardians. These minors are brought to border patrol facilities – where many languish in cramped, prison-like conditions for days on end.
    The fast-developing humanitarian emergency shows how Biden’s determination to break from Trump’s harsh, nativist crackdown in favour of a more compassionate approach has collided with the reality of finite resources and a broken system.
    “I do think that they were blindsided by this surge,” said María Teresa Kumar, founding president of the grassroots political organisation Voto Latino. “As someone that monitored this a lot, I didn’t see that coming and I don’t think the community saw that coming. It took everybody by surprise.
    “It is heart-wrenching knowing that there are children that are cold and don’t have family. It’s one of these cases where there seems to be no right answers. Knowing the people inside the administration are very much on the side of immigrants speaks to me that there are real moral dilemmas happening right now and I would not want to be in that position.”

    Democrats have called the situation a “challenge” and “problem” and blamed Trump’s legacy. Republicans have rushed to brand it the first “crisis” and “disaster” of Biden’s presidency. The battle is proof that border access remains one of the most complex, emotive and radioactive issues in American politics.
    Trump launched his campaign for the presidency by promising to build a wall, routinely vilified migrants and, ahead of the 2018 midterm elections, spoke often of an “invasion”. Biden stopped construction of the wall and promised to unwind Trump’s zero-tolerance policies.
    The number of “encounters” between migrants and Customs and Border Protection (CBP) has increased every month since April 2020. But when 100,441 migrants were reported attempting to cross the border last month, it was the highest level since March 2019 and included a particular rise in unaccompanied children.
    Many such children head to the US to reunite with family members or escape poverty, crime and violence. Central America has been hit by hurricanes and the economic fallout of Covid-19. In an ABC interview this week, Biden denied that more migrants were coming because he is “a nice guy”, insisting: “They come because their circumstance is so bad.”
    Under Trump, unaccompanied children were sent straight back to Mexico. Biden decided they should go to a border patrol facility and, within 72 hours, be transferred to the health department with a view to being placed with a family member or sponsor.
    However, it has quickly become clear the system is not fit for purpose, leaving about 4,500 children stuck in facilities designed for adult men. Lawyers who visited one facility in Texas described seeing children sleeping on the floor or on metal benches and being allowed outside for a few minutes every few days.
    The administration is scrambling to find more capacity, opening emergency shelters and using a convention centre in Dallas to house up to 3,000 teenage boys. It also deployed the Federal Emergency Management Agency (Fema), which typically responds to floods, storms and other disasters, to help shelter and transport children at least until early June.
    Republicans seized on that move as evidence a disaster is unfolding. The House minority leader, Kevin McCarthy, led a delegation of a dozen Republicans to El Paso, Texas, and spoke of “the Biden border crisis”, adding: “It’s more than a crisis. This is human heartbreak.”
    The message has resounded through a conservative media that finds Biden an elusive target. Trump made wildly exaggerated claims in a Fox News interview: “They’re destroying our country. People are coming in by the hundreds of thousands, And, frankly, our country can’t handle it. It is a crisis like we have rarely had and, certainly, we have never had on the border.”
    For Republicans, reeling from election defeat, internal divisions and failure to block Biden’s $1.9tn coronavirus relief bill, the border offers a political lifeline.
    Henry Olsen, a senior fellow at the Ethics and Public Policy Center thinktank in Washington, said: “If the numbers go down next month this isn’t a crisis, but I think what they are expecting is that they’re not going to go down and that this is going to be something that will be an enduring and endemic problem.
    “It’s something that energises and unites the Trump voting coalition and could easily be seen as a failure on behalf of the administration by just enough of the people who voted for him but aren’t hardcore Democrats. So I think it’s a very smart move by Republicans to play this out and Biden needs to figure out how you can be compassionate while not being naively welcoming. He has not yet figured out how to do that.”

    Others, however, regard the Republican response as predictable ploy by a party obsessed with demonising migrants. Kumar said: “They’re phonies and it is coldly calculated because they know they have problems with suburban white women voters, and they are trying to make a case for it for the midterms.
    “It’s cynical and gross because when children were literally dying at the border, when they had a president that was teargassing refugees, not one of them stood up. It’s callous and cold political expediency and it’s shameful.”
    The White House has pointed out that the Trump administration forcibly separated nearly 3,000 children from parents, with no system in place to reunite them. Alejandro Mayorkas, the first migrant and first Latino in charge of the Department of Homeland Security, told Congress: “A crisis is when a nation is willing to rip a nine-year-old child out of the hands of his or her parent and separate that family to deter future migration. That, to me, is a humanitarian crisis.”
    Mayorkas argues that Trump’s decision to cut staffing, bed capacity and other resources was reckless given the likelihood that the number of migrants would rise again as the pandemic waned.
    “The system was gutted,” he said, “facilities were closed and they cruelly expelled young children into the hands of traffickers. We have had to rebuild the entire system, including the policies and procedures required to administer the asylum laws that Congress passed long ago.” More