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    US to resume deporting asylum seekers after judge rejects Biden order

    US Immigration and Customs Enforcement (Ice) is preparing to resume deportations of asylum seekers after a Trump-appointed Texas judge ruled against a 100-day suspension ordered by Joe Biden.The ruling, in response to a challenge from a leading figure in the Republican effort to overturn the election result, marks the first shot in a legal rearguard action by Trump loyalists intended to stymie the Biden administration’s agenda.Human rights activists said the resumption of flights also raised the question of whether Ice agents, who have been accused of systemic abuse of migrants and detainees, might seek to resist the new administration’s efforts to reform the agency.An Ice plane left San Antonio for Port-au-Prince on Monday morning carrying Haitians detained on the US-Mexican border and expelled under a highly controversial Ice interpretation of public health laws.“Deportation flight to Haiti on the first day of Black history month,” Guerline Jozef, co-founder of the Haitian Bridge Alliance, wrote in a text to the Guardian. “What a slap in the face.”According to activists, there are also 23 Africans facing deportation from an Ice holding facility in Alexandria, Louisiana, as early as Tuesday, including 11 Angolans, seven Cameroonians, two Congolese, and three others of unknown nationalities.Although the Haitian flight would probably have gone ahead even under the Biden moratorium, the expected African flight defies that order, as well as guidelines laid down by the acting homeland security secretary, David Pekoske, that came into effect on Monday. Pekoske called for deportations to be limited to suspected terrorists, convicted felons deemed a threat to public security, and undocumented people caught on the border after 1 November.At least some of the potential deportees have legal cases pending, and one of them was granted an emergency stay by an appeals court on Sunday evening. Others expected to be deported on Tuesday or Wednesday.Ice appears to be pushing ahead with the deportation flight despite reports that Cameroonians deported to their home country last October and November in the midst of a bloody civil conflict had been imprisoned, beaten, gone into hiding – or in some cases simply disappeared.“A lot of them were locked up in military prison, which is where they took a whole bunch of people that are arrested by the army,” said Mambo Tse, a Cameroonian community activist in the US. “It’s not safe.”Lauren Seibert, a Human Rights Watch researcher and advocate, said: “After scores of Cameroonians were denied asylum in the US and deported in recent months, Human Rights Watch has documented multiple cases of deportees facing imprisonment, abuse, criminal prosecution and threats by the Cameroonian authorities after their return. Some of their families have also been threatened and harassed.”On taking office on 20 January, the Biden administration ordered a 100-day halt to deportation flights, with certain limited exceptions, while Ice procedures were reviewed to “enable focusing the Department’s resources where they are most needed”.However, a federal judge in Texas, Drew Tipton, appointed by Donald Trump last June, ordered a stay, blocking the suspension, but not the new guidelines. Tipton’s nomination was opposed by Democrats over concerns over his lack of judicial experience and his support for the reinstatement of a Texas social worker fired for using a racial slur against a black colleague. He argued: “It certainly does not evidence a pattern of hostility against anyone or any people who are of a particular race.”The case against the moratorium was brought by the Texas attorney general, Ken Paxton, who played a leading role in the effort to overturn the 2020 election result.Paxton addressed Trump supporters in Washington on 6 January shortly before the storming of the Capitol.“We will not quit fighting. We’re Texans, we’re Americans, and the fight will go on,” he told the crowd, according to the Houston Chronicle.Paxton has been indicted for securities fraud allegedly committed before he took office. He has also been accused of abuse of office by seven whistleblowers and is being sued for retaliation after having the whistleblowers fired. He is reported to be under FBI investigation for the abuse of office allegations.Paxton’s lawyer, Philip Hilder, declined to comment on the reports of an FBI investigation.After Tipton’s ruling on deportations, Paxton declared “Victory” on his official Twitter account.“Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin,” he wrote. “AND WE WON.”VICTORY.Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin. AND WE WON.Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze. *This* was a seditious left-wing insurrection. And my team and I stopped it.— Attorney General Ken Paxton (@KenPaxtonTX) January 26, 2021
    Echoing the language widely used to denounce the ransacking of the Capitol, Paxton described the 100-day deportations moratorium as “a seditious left-wing insurrection” which he had stopped.In a statement to the Guardian on Monday, an Ice spokesperson said the agency “is in compliance with the temporary restraining order” issued by the Texas court.Justice department lawyers argued against the stay in Tipton’s court, the southern district of Texas, but it was unclear when or whether they would appeal against the ruling. A department spokesperson declined to comment.The American Civil Liberties Union is seeking to challenge the Texan ruling on behalf of immigrant rights groups.“There’s a legal aspect to it and there’s a practical aspect,” Cody Wofsy, an ACLU attorney, said. “Are individual Ice officers who may disagree with the new policies of the new administration going to carry out those policies, or are they going to attempt to carry out a more unforgiving immigration policy that they might prefer?” More

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    Biden official involved in removal of DoJ lawyer concerned by family separations

    The Biden administration’s acting attorney general, a longtime career official named Monty Wilkinson, took part in a controversial 2017 decision to remove a justice department (DoJ) lawyer in Texas who had raised concerns about migrant children who were being separated from their parents.Emails seen by the Guardian show that Wilkinson, who is expected to serve as acting attorney general until Judge Merrick Garland is formally confirmed by the Senate, worked with another longtime career official, Iris Lan, in reviewing complaints about Joshua Stern, a prosecutor who had told colleagues he was “disturbed” by the Trump administration’s separation policy.The policy ultimately led to the separation of about 1,550 children from their parents, hundreds of whom have still not been reunited, although Joe Biden has said he would make that one of his top priorities.Stern, who is no longer employed by the DoJ, was ultimately removed from his post as a temporary detailee, two weeks after senior officials in Texas raised concerns about him to officials in Washington DC, including Wilkinson.Wilkinson, who Biden chose to serve as acting attorney general until Garland is confirmed, had been overseeing human resources, security planning and the library at the justice department before he was elevated to serve as acting attorney general.A recent report in the New York Times suggested that Wilkinson was a trusted longtime official, and that his “low profile” all but guaranteed that he was not involved in any of the myriad scandals that defined the justice department under Donald Trump and the former attorney general Bill Barr.But a report published by the Guardian in September 2020 revealed that Wilkinson was one of several career officials who reviewed complaints that ultimately led to the removal of Stern from the western district of Texas in 2017.The report was focused on the role a senior justice department official, Iris Lan, played in reviewing those complaints. Lan had been nominated to serve in a lifetime appointment as a federal judge, but the nomination was never taken up in the Senate after a number of immigrant rights groups raised concerns about Lan following publication of the Guardian’s article.It is not clear whether Wilkinson or Lan privately supported or criticized the administration’s child separation policy when they heard about Stern’s concerns.At the time of the controversy, Wilkinson was working as director of the executive office for US attorneys, a role that he had been appointed to by Eric Holder, the former attorney general for Bill Clinton.Emails seen by the Guardian show that a DoJ official in Texas named Jose Gonzalez sent a memo to the then acting US attorney for the western district, Richard Durbin, in September 2017 in which he outlined concerns about Stern, including complaints that Stern was “particularly disturbed” by cases in which defendants could not locate their children.The western district, in El Paso, was at the time involved in a pilot program to criminally prosecute migrants who were entering the country illegally, which in turn led to people being separated from their children, sometimes indefinitely.The policy was later expanded to include all border states, but was ended following an outcry in Congress and in the press, when stories about migrant children being separated began to become known.Stern had been sent to Texas to help deal with a significant influx in migrant cases. But emails show that he was deeply concerned and alarmed about the children who were separated, and told prosecutors that the parents who were being prosecuted were “often fleeing violence in their home countries”.He also told superiors in Texas that he had been contacting agencies to try to help locate missing children. The memo detailing what was seen as Stern’s insubordination was forwarded by Durbin to Lan, who told Lan that he did not believe Stern was “fully committed to the program”. Durbin was seeking to release Stern from the detailee program early.Lan, in turn, said she was not sure about the usual protocol, and said she wanted to share the memo with Wilkinson to get his “take” before “we proceed”. Wilkinson then responded to Lan and Durbin saying that he and Durbin had talked and that Durbin was going to send more “specific examples”.Stern was sent a termination letter that ended his posting on 20 September 2017, two weeks after concerns were first raised with Lan and, later, Wilkinson.Stern has not responded to questions by the Guardian.A spokesperson for the DoJ said in a statement: “The department cannot comment on specific personnel matters. Regarding the process for detail assignments from components to US Attorneys Offices, the decision on whether to continue a detail is between the lending and receiving components. EOUSA plays an administrative role related to the associated paperwork but does not make decisions on assignments.”It did not provide further comment on who did make the decision.A DoJ spokeswoman under the Trump administration said, in response to questions for the previous Guardian article on the matter, that Lan had received the memo about Stern because of her role as a liaison to US attorneys and did not handle personnel matters.“She routed it, consistent with her role,” she said.A recent report by the Office of Inspector General (OIG) at the Department of Justice closely examined the role some officials at the department played in Trump’s separation policy.It said department leadership knew the policy would result in children being separated from their families and that the former US attorney general Jeff Sessions “demonstrated a deficient understanding of the legal requirements related to the care and custody of separated children”.“We concluded that the Department’s single-minded focus on increasing immigration prosecutions came at the expense of careful and appropriate consideration of the impact of family unit prosecutions and child separations,” the report said. 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    Jeff Sessions impeded inquiry into role in Trump’s family separation policy

    Former attorney general Jeff Sessions and other senior justice department officials impeded an internal departmental investigation into their role in implementing the Trump administration’s hardline immigration policy that separated thousands of children from their parents on the border, according to interviews and government records.
    Sessions declined to be interviewed by investigators for the department’s inspector general, who conducted an inquiry of the family separation policy, according to a report made public last Thursday by the IG detailing the findings of its inquiry.
    As attorney general, Sessions was one of the Trump administration’s most senior officials who devised and implemented the family separation policy. The inspector general, Michael Horowitz, called Sessions and his top aides a “driving force” behind the policy.
    A second senior justice department official, Edward C O’Callaghan, who served as the justice department’s principal associate deputy attorney general during the family separation policy, similarly refused to answer questions from investigators, according to the report.
    Former deputy attorney general Rod Rosenstein, who now says he regrets his role in implementing the policy, was twice interviewed by investigators, but made misleading statements to them that understated and obscured his role.
    As a result of the refusal by Sessions and O’Callaghan to speak to investigators, and Rosenstein having misled the IG, a full historical accounting may never take place into what is perceived as a dark chapter in the nation’s history when more than 3,000 children were separated from their parents. Many of its victims younger than the age of five, some even infants, were held alone at substandard facilities under inhumane conditions.
    The Biden administration has promised to reunite families. On 8 January , Biden vowed “our justice department and our investigative arms will make judgements about who is responsible … and whether or not the conduct is criminal”. If such a criminal investigation was undertaken, investigators would have powerful tools available to compel testimony of recalcitrant witnesses. More

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    Joe Biden marks start of presidency with flurry of executive orders

    Sign up for the Guardian’s First Thing newsletterJoe Biden has marked the start of his presidency by signing a flurry of executive orders on a suite of issues, including Covid-19, the environment, immigration and ethics.Some of the executive actions undo significant actions from Donald Trump’s administration, including halting the travel ban from Muslim-majority countries, and ending the declaration of a national emergency used to justify funding construction of a wall on the US-Mexico border.He also signed an order allowing the United States to rejoin the Paris climate agreement and end the Trump administration’s efforts to exclude undocumented immigrants from the census data used to determine how many seats in Congress each state gets.The president also moved quickly to address Covid-19, signing orders to mandate mask wearing and social distancing in federal buildings and lands and to create a position of a Covid-19 response coordinator.In other moves, Biden also revoked the permit granted for the controversial Keystone XL pipeline and instructed all executive agencies to review executive actions that were “damaging to the environment, [or] unsupported by the best available science”. Biden also ordered all executive branch employees to sign an ethics pledge and placed limits on their ability to lobby the government while he is in office. The new president also ordered federal agencies to review equity in their existing policies and come up with a plan in 200 days to address inequality in them.On his first day in office, Biden signed 17 executive actions – 15 will be executive orders.As he began signing the orders, Biden, wearing a mask and seated behind the resolute desk said: “I think some of the things we’re going to be doing are bold and vital, and there’s no time to start like today.”It’s not unusual for an incoming president to take executive action immediately after being sworn into office, a move meant to show the nation that the newly inaugurated president is getting to work. But the breadth and volume of Biden’s immediate executive orders underscore how quickly the new president intends to move in addressing the Covid-19 pandemic and turning the page from the Trump administration.“These executive actions will make an immediate impact in the lives of so many people in desperate need of help,” Wade Henderson, the interim president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement. “Reversing Trump’s deeply discriminatory Muslim ban, addressing the Covid-19 crisis, preventing evictions and foreclosures, and advancing equity and support for communities of color and other underserved communities are significant early actions that represent an important first step in charting a new direction for our country.”The flurry of activity from Biden came on the same day that Democrats formally took control of the US Senate as the Rev Raphael Warnock and Jon Ossoff were formally sworn in as the two senators from Georgia. Chuck Schumer, the Democratic senator from New York, is now the Senate majority leader, while Mitch McConnell, the Kentucky Republican, is now the minority leader.Speaking from the Senate floor Schumer was momentarily breathless, saying: “We have turned the page to a new chapter in the history of our democracy and I am full of hope.”McConnell, in his first remarks as the minority leader, also focused on a message of unity.“Our country deserves for both sides, both parties, to find common ground for the common good everywhere we can and disagree respectfully where we must,” he said. “The people intentionally trusted both political parties with significant power to shape our nation’s direction.”[embedded content]He also praised Kamala Harris’ historic achievement after she was sworn in as America’s first female vice-president.“All citizens can applaud the fact that this new three-word phrase ‘Madam vice-president’ is now a part of our American lexicon,” McConnell said.Looming on the horizon is the second impeachment trial for Trump, who the US voted to impeach earlier this month. In addition to Covid-19 relief, Democrats are also expected to push legislation dealing with immigration reform and voting rights.Even though Democrats have a majority of votes in the Senate, they still face significant obstacles to get them through. That’s because Senate rules require 60 votes to overcome a filibuster, a procedural move that can be used to halt legislation. Some progressives have called for ending the practice, which would allow Democrats to pursue sweeping legislation without GOP support, but it’s unclear if the party will do that. More

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    'My neighbourhood is being destroyed to pacify his supporters': the race to complete Trump's wall

    At Sierra Vista Ranch in Arizona near the Mexican border, Troy McDaniel is warming up his helicopter. McDaniel, tall and slim in a tan jumpsuit, began taking flying lessons in the 80s, and has since logged 2,000 miles in the air. The helicopter, a cosy, two-seater Robinson R22 Alpha is considered a work vehicle and used to monitor the 640-acre ranch, but it’s clear he relishes any opportunity to fly. “We will have no fun at all,” he deadpans.McDaniel and his wife, Melissa Owen, bought their ranch and the 100-year-old adobe house that came with it in 2003. Years before, Owen began volunteering at the nearby Buenos Aires National Wildlife Refuge, and fell in love with the beauty and natural diversity of the area, as well as the quiet of their tiny town. That all changed last July when construction vehicles and large machinery started “barrelling down the two-lane state road”, says Owen.Once work on President Donald Trump’s border wall began, construction was rapid. Sasabe, a sleepy border town, located over an hour from the nearest city of Tucson, was transformed into a construction site. “I don’t think you could find a single person in Sasabe who is in favour of this wall,” Owen says.The purpose of our helicopter trip today is to see the rushed construction work occurring just south of the couple’s house, as contractors race to finish sections of the border wall before Trump leaves office. Viewed from high above the Arizona desert, in the windless bubble of the cockpit, this new section of wall stretches across the landscape like a rust-coloured scar. McDaniel guides us smoothly over hills and drops into canyons, surveying the beauty of the landscape. Here, as on much of the border, the 30ft barrier does not go around; it goes over – stubbornly ploughing through cliffs, up steep mountainsides, and between once-connected communities.“That was already a pretty good barrier,” McDaniel says of the steep, unscalable cliff in front of us. The bulldozed path of Trump’s wall creeps up over the mountain’s west side, but on the other side of the cliff there is no wall, just a large gap. As with many areas on the border, the wall here is being built in a piecemeal fashion. According to the US Army Corps of Engineers, there are 37 ongoing projects, of which only three are set to be completed this month; others have completion dates as far away as June 2022.In August, at a virtual press conference with the National Association of Hispanic Journalists, Joe Biden told reporters that “there will not be another foot of wall constructed on my administration”. The 37 existing construction sites, in various stages of completion, are likely to be shut down.Yet he will have to formulate a more complex policy than simple suspension. Many of the private contractors building the wall have clauses in their contracts that will trigger large payouts if the government simply stops construction. There are also ongoing legal cases brought by private landowners from whom the government seized land. The exact nature of these obligations may only be clear to Biden once he takes office.In the meantime, Trump has accelerated building in the wake of the election, with crews working flat out, late into the night. Throughout December and into January, mountainsides were exploded with dynamite and large portions of desert bulldozed, to make way for a wall that may not be finished in time.For the past four years, I have been living in New Mexico, travelling in the borderlands and documenting the ongoing impact of the wall on communities and the environment.“They started working nights six weeks ago,” says photographer John Kurc, who has been documenting construction in the remote Guadalupe Canyon in Arizona since October last year. “It’s been nonstop ever since.”This is not about protecting America. It’s about protecting President Trump’s own interestsVerlon Jose, former vice-chair of the Native American Tohono O’odham Nation, tells me he has seen the wall plough through his ancestral homeland. “We are caretakers of this land. We are responsible for these things. Has anyone ever asked for permission from the local folks to do the construction? This is about President Donald Trump. It’s not about protecting America. It’s about protecting his own interests.”When construction stops, there will be large gaps in the new wall. In some places it will join up with older barriers that the Trump administration deemed inadequate; in others it will finish abruptly. “They work as fast as they can to build walls that will just end,” says McDaniel, as his helicopter circles back toward their property over saguaro-studded hillsides just north of the Mexican border. We drop altitude and approach the landing strip – a patch of dirt just off the road – whipping up a small dust storm as we touch the ground.***After four years of daily scandals, and the shocking scenes in Washington DC last week, it’s easy to forget that Donald Trump was elected in 2016 with one signature policy: to build a wall. That was the call echoed at his rallies, the embodiment of Trump’s hardline approach to immigration and his purported “America First” ideology. Trump claimed the wall would address an invasion of undesirable migrants, “bad hombres”, a nationalist rhetoric that resonated with his base. During his first week in office, Trump signed an executive order that included a policy for “the immediate construction of a physical wall on the southern border”.Construction began in 2019, mostly replacing existing fences, vehicle barriers, and other border structures, as well as unwalled sections of the border. The bollard wall, Trump’s barrier of choice, consists of a series of vertical steel posts set in concrete, with small gaps in between. While in some places it reaches a height of 30ft, it is less of a wall and more of an imposing metal fence.According to Kenneth Madsen, an associate professor in the department of geography at Ohio State University, the Department of Homeland Security (DHS) has waived 84 laws and statutes – many enacted specifically to protect the nation’s most treasured cultural and ecological sites – in order to expedite construction.Dozens of environmental and public health laws were brushed aside to build walls through parks and wildlife areas, including Organ Pipe Cactus National Monument, Cabeza Prieta National Wildlife Refuge, San Bernardino National Wildlife Refuge and Coronado National Memorial. “It has brought devastation to the environment and the communities of the borderlands,” says Scott Nicol, author of a 2018 report for the American Civil Liberties Union (ACLU) about the impact of the wall, and a resident of the Rio Grande valley in Texas.Nicol believes the wall’s charted course has been determined by ease rather than efficacy. Construction has been much busier on federally owned land, not because that’s where there are likely to be more border crossings, but because building on private property is a lengthy process. “Texas has the most border but the least wall mileage to date because the Texas borderlands are mostly in private hands,” says Nicol.According to the US Customs and Border Protection (CBP) agency, 452 miles of border wall have been constructed under the Trump administration, at an estimated cost of $15bn, one of the most expensive infrastructure projects in US history. In September 2019, Trump promised to build between 450 and 500 miles of wall, so he has reached this goal – even if the vast majority of it is replacing existing barriers.On Tuesday, days after the violent insurrection at the White House, Trump made a final visit to the border in Texas to celebrate reaching this target. During a short speech, he skirted any responsibility for the capital siege, and instead remarked on his successes in halting illegal immigration and securing the border.“When I took office, we inherited a broken, dysfunctional and open border,” he said. “We reformed our immigration system and achieved the most secure southern border in US history.”Has it had any impact on immigration? According to attorney David Donatti, from the ACLU of Texas, the answer is no. In recent months, according to CBP data, the number of people trying to cross has increased. “The wall as a whole is unlikely to have any discernible impact,” says Donatti. “In a race to construct, the administration is building where it’s easier as opposed to where most people cross.”And while the wall may be an impressive barrier, it is far from impregnable. Just after Christmas, Nicol visited a new section in the Rio Grande valley between Texas and Mexico and found numerous ladders scattered on the ground. “You can always go over,” he says.You can also go through. John Kurc started using drones to photograph and video the construction of the wall. The last time he was in the border town of Sonoyta, Mexico, he saw two young men with “yellow, handheld angle grinders” cutting through the wall while a lookout with a radio watched for Border Patrol. “They would put the section back with a special bonding agent and then use paint that oxidizes the same colour as the bollards,” says Kurc. “Then they just go in and out.”Gil Kerlikowske, the Obama-appointed former commissioner of the CBP, says there is not a one-size-fits-all solution for border security: “There are places where the environment is difficult and so remote you don’t need any barrier at all.” In these areas, surveillance and detection technologies would be more useful and cost-efficient, he argues. “It is such an unbelievably complex problem. When someone proposes a simple solution to a complex problem, you can be sure that’s the wrong solution.”***That’s not to say Trump’s wall has had no impact. Back on the ranch, cameras set up by Melissa Owen have captured passing wildlife – mountain lions and javelina, pig-like mammals, the skulls of which can also be found around the house. “There were no environmental surveys, no groundwater surveys, none of that,” says Owen. Once contractors arrived in town last summer, they began “pumping enormous amounts of water out of the ground” in order to mix concrete for the border wall’s foundations.Residents in Sasabe began complaining of reduced water pressure. At San Bernardino National Wildlife Refuge, groundwater pumping for concrete began draining a crucial wetland and endangering four threatened species of fish. Similar concerns were raised when the Quitobaquito Springs at Organ Pipe Cactus National Monument, home to the endangered desert pupfish began to dry out as contractors pumped water from the ancient aquifer that fed it. “That’s our water – that’s what we depend on,” says Owen, looking out towards arid ranchland that is suffering from a long drought.We had three different jaguars in 2016 – we haven’t seen signs of any since construction beganMyles Traphagen, borderlands coordinator of the Wildlands Network conservation group, has called Trump’s wall the “single most damaging project” to the ecology of the mountainous Sky Islands region and the animals that call it home – especially the jaguar, which has made a remarkable comeback in the US after being hunted to extinction by the late 1960s.“We had three different jaguars in 2015 and 2016, which hadn’t happened since the 1930s,” says Chris Bugbee, a senior researcher at Conservation CATalyst, an organisation dedicated to the world’s 38 wild cat species.“If this border wall hadn’t started, we expected a female to eventually arrive and have breeding jaguars again,” adds Aletris Neils, Conservation CATalyst’s executive director.The jaguar is one of numerous species – such as the endangered ocelot and the Mexican gray wolf – found in a region that extends from south-western New Mexico into western Arizona and far down into Mexico. If current border wall construction is completed, says Traphagen, “93% of jaguar habitat will have been walled off”.Only males have been seen in the US since the 60s. They have huge ranges and some travel north where there is plenty to eat, before returning south to find a mate. There is currently one jaguar (whose location cannot be shared due to poaching concerns) on the US side, cut off from Mexico because of the wall.Bugbee has spent years tracking the famous “El Jefe” jaguar, one of the few sighted recently in the US, with his dog Mayke. “We haven’t seen signs of any jaguars since construction began,” he tells me when we meet at the Coronado National Forest, where he previously tracked the cat. A mile or so away, construction workers have been blasting and bulldozing over the steep Montezuma Pass, where another jaguar, known as Yo’oko, once roamed.Owen and McDaniel are far from open-border liberals. The entrance to their ranch has a sign that reads: “Border Patrol always welcome”. Owen’s two horses, Rocker and Kiowa, are retired Border Patrol horses – “the best”, she says of their temperament. In her early years on the ranch, Owen says, undocumented migrants and smugglers were coming across the border in large numbers. She would frequently encounter migrants on her property. One morning someone broke into her house. “I don’t want it to go back to then,” she says, but adds that the economic downturn of 2008 has slowed immigration considerably. “No one wants a secure border more than I,” she says. “But a 30ft-tall, poorly constructed barrier is not the answer. It’s a campaign gimmick. My neighbourhood is being destroyed because a megalomaniac wants to pacify his supporters.”During his election campaign, Trump claimed that Mexico would pay for the wall. Once he was in office, Congress provided some $1.37bn a year for construction, but each year the president demanded more, ultimately declaring a national emergency in order to divert military funds to pay for the wall. It’s estimated by the US Army Corps of Engineers that Biden will save about $2.6bn if he stops construction on the border wall in his first day in office.Trump, and some within CBP, have maintained that the wall is a crucial means of halting smuggling. “Illegal drug and human smuggling activities have decreased in those areas where barriers are deployed. Illegal cross-border traffic has also shifted to areas with inferior legacy barriers or no barriers at all,” said a DHS spokesperson in a recent email to the Guardian.Kerlikowske, who also served as director of the Office of National Drug Control Policy between 2009 and 2014, admits that drug trafficking is a problem. However, he points out that the vast majority of illicit substances, such as fentanyl, cocaine and heroin, are smuggled through legal ports of entry where elaborate walls and security systems already exist. “During my time as commissioner, I met with hundreds of border patrol agents. No one in the border patrol says we really need a wall,” he says.As you keep building, you keep pushing people into more remote and dangerous areasDonatti from the ACLU of Texas says there is little evidence that walls deter either drugs or undocumented immigration, which is being driven primarily by so-called push factors (war, poverty, desperation) in other countries. “The US federal government has tried to study this several times and has never found support that a border wall stops the flow of undocumented immigration,” he says.One thing border walls are effective at is increasing the number of migrant deaths. As the US has walled off more of its border, the risk to migrants crossing illegally has increased. Since 1998, around 7,000 people have died along the US-Mexico border, the majority in Arizona’s rural deserts and, in recent years, the Rio Grande valley. “As you keep building, you keep pushing people into more remote and dangerous areas,” says Donatti.“It’s a humanitarian disaster,” agrees Eddie Canales, of the South Texas Human Rights Center, who has spent the past decade operating hundreds of water stations in the Rio Grande valley in Texas to save migrants. “We do what we can,” Canales told the Guardian in early 2020. “But people keep dying.” The wall funnels people into more dangerous crossing points, where physical barriers do not yet exist. Summer temperatures in the Arizona desert are brutal; 2020 became the deadliest year since 2010 for those who crossed the border there.***“It’s hard for people to understand what this means to us, as O’odham and Native Americans. What it means to us as the original indigenous peoples of this land,” says Verlon Jose.When I visit Organ Pipe Cactus National Monument, a pristine tract of Sonoran desert, earlier this year, contractors are busy dynamiting Monument Hill, a sacred mountain and burial site for the Tohono O’odham people. Uprooted saguaros, the huge, tree-like cacti sacred to the tribe, dot the path of the wall. “It was like, ‘Tell me where your grandparents live, and I’ll put a wall through there,’” says Jose.“In certain areas, we won’t be able to continue our traditional practices,” says Jose, whose tribal members span both sides of the border. “We spent billions of dollars on the wall. Why don’t we invest it in our border cities and towns?”According to Norma Herrera, a border resident from McAllen, Texas, the wall’s $15bn price tag is an insult to one of the county’s most impoverished regions, where critical infrastructure is often lacking. This issue was laid bare during the pandemic, when places such as the Rio Grande valley in Texas, a centre of border wall construction, was devastated by Covid. Hospitals reached capacity, deaths mounted, and all the while, the wall continued to rise.“We had more deaths in the region than the entire state,” says Herrera, community organiser at the Rio Grande Valley Equal Voice Network, which advocates for marginalised groups in the area. “To see the wall going up, to see resources used on useless steel and concrete, it’s senseless.”According to Donatti, whose parents originally emigrated from Argentina to the US, the wall should be seen in the context of broader exclusion policies – such as the Remain in Mexico programme enacted by Trump, under which asylum seekers arriving at ports of entry are returned to Mexico to wait for their US immigration proceedings. “It’s this idea that there is a fundamental Americanness, and either you’re inside, or you’re out,” he says.That idea was evident in late 2019, when I visited a shelter in Tijuana. The two-storey building in the neighbourhood of Benito Juárez was packed with families, with mattresses sprawled over every inch of open floor. At that time in Tijuana, nearly 10,000 asylum seekers were waiting for their immigration hearings after being turned back at the border and sent to one of the most dangerous cities in Mexico.Many are hopeful that under the Biden administration the approach to migrants and the borderlands will change; that policies such as Remain in Mexico will be undone; and even that sections of the border wall will be removed. A week after inauguration day, a coalition of groups across the borderlands will begin a monitoring project in order to assess the damage, and to see what needs to be done. Some hope certain sections can be removed in order to reconnect critical habitats and communities.Verlon Jose of the Tohono O’odham has a “sliver of hope” that some of the walls will come down. “I believe Biden will not build another inch,” he adds.Others are not so sure. “Optimism? No,” says Donatti of the prospect of the wall coming down. “He hasn’t committed to as much. But there is a strong coalition along the border that will be fighting for it.”John Kurc, who has spent thousands of hours watching the destruction of Guadalupe Canyon, sees the scale of the challenge. “The Trump administration has caused so much damage to these environments,” he says, peering through a set of binoculars as a crane hoists up an isolated section of wall, with huge gaps on each side. “We have a lot of work to do.” More

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    Trump official admits family separation policy 'should never have been implemented'

    For the first time, a senior Trump administration official who helped implement family separation has condemned the hardline immigration policy, which made it possible for the government to take more than 3,000 children, including infants, from their parents at the US-Mexico border in 2018.In response to a damning report published on Thursday by the US justice department’s internal watchdog on the “zero-tolerance” policy, which made family separation possible, the former deputy attorney general Rod Rosenstein said the policy “should have never been proposed or implemented”.The justice department’s Office of Inspector General’s (OIG) long-awaited report said department leadership knew the policy would result in children being separated from their families and that the former US attorney general Jeff Sessions “demonstrated a deficient understanding of the legal requirements related to the care and custody of separated children”.“We concluded that the Department’s single-minded focus on increasing immigration prosecutions came at the expense of careful and appropriate consideration of the impact of family unit prosecutions and child separations,” the report said.The OIG said justice department leadership “did not effectively coordinate” with the relevant agencies before implementing zero-tolerance, despite being aware of the challenges created by increasing prosecutions of adult asylum seekers under the policy.In a conference call in May 2018, Sessions told prosecutors: “We need to take away children,” according to notes taken by people on the call and provided to the OIG.Rosenstein, who publicly denounced the policy for the first time on Thursday, told the OIG he had known the zero-tolerance policy would result in family separations. He also told investigators he had not been involved with the formulation of the policy and had received reassurances about it that he now believed were wrong.In July 2020, the Guardian reported that Rosenstein had made comments in a conference call with US attorneys charged with implementing the policy that in effect meant that no child was too young to be separated from their parents.The call came after US attorneys on the south-west border had repeatedly raised concerns about how zero-tolerance was supposed to be operated. A month after the policy had been in place, to help attorneys, a list of questions was drafted for DHS and HHS, which included: “How does DHS deal with infants?”At that point, it was clear no agency had a master list of separated children.In a statement provide to the Guardian on Thursday, Rosenstein said he and his colleagues at the justice department “faced unprecedented challenges” compared with work he had done as a US attorney under previous presidential administrations.“Since leaving the Department, I have often asked myself what we should have done differently, and no issue has dominated my thinking more than the zero-tolerance immigration policy,” Rosenstein said. “It was a failed policy that never should have been proposed or implemented. I wish we all had done better.”Sessions, who resigned in November 2018, announced the zero-tolerance policy in April 2018. Facing intense pressure nationally and abroad, the Trump administration stopped mass family separations in June 2018, though asylum-seeking families continue to be separated today at a smaller scale.Family separation, which legal experts and doctors said constituted torture, was supported by multiple federal agencies.The homeland security department (DHS) separated families at the border and detained the parents, the health department eventually took custody of children separated from their parents and the justice department leadership provided the legal framework that made separations possible.The justice department OIG report confirms earlier watchdog reports from the other agencies’ monitors, which found inadequate tracking systems were in place.A January 2019 report from the health department OIG found the Trump administration might have separated thousands of migrant children from their parents at the border for up to a year before family separation was a publicly known practice.The lead attorney on an ongoing family separation lawsuit brought by the American Civil Liberties Union, Lee Gelernt, said: “This new report shows just how far the Trump administration was willing to go to destroy these families. Just when you think the Trump administration can’t sink any lower, it does.“The Biden-Harris administration will inherit the legacy of family separation, and we don’t doubt that more horrific details will continue to emerge,” Gelernt said. “We need them to act with urgency – every day without action makes it harder to find and reunite families.”Dick Durbin, a Democratic US senator from Illinois, said he would hold the justice department officials responsible to account as the incoming chair of the US Senate judiciary committee. “Those who planned and executed the zero-tolerance policy will have to live with the knowledge that their cruelty and cowardice are responsible for the scars these children will carry for the rest of their lives,” Durbin said.Despite being the driving force behind the zero-tolerance policy, Sessions refused to be interviewed by OIG investigators.The report said Sessions told US attorneys on the south-west border that families would be quickly prosecuted and reunited, even though doing so was, “in most cases, a practical and legal impossibility”. The former homeland security secretary Kirstjen Nielsen has repeatedly defended her decision to enforce the zero-tolerance policy, which was announced in April 2018. More

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    'We tortured families': The lingering damage of Trump's separation policy

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    The US government’s policy of separating migrant families at the border has continued to wreak havoc and inflict suffering in the final months of Donald Trump’s presidency, with parents still missing, reunifications blocked and reunited families struggling to pick up the pieces of their lives.
    Righting the wrongs of Trump’s globally condemned separations policy is one of the most urgent and challenging tasks that lies ahead for the incoming administration. Civil rights groups that have been fighting for years to reunite thousands of families are now pushing for a bold and speedy response from Joe Biden – one that reunifies victims, grants them protection in the US, and provides restitution.
    “We tortured these families, we took their children,” said Carol Anne Donohoe, the managing attorney with Al Otro Lado, a group that has been working to reunite deported parents with their children. “Some parents and children haven’t seen each other in over three years. It’s an abomination, and we need immediate action … and accountability to ensure this never happens again.”
    A critical step, advocates say, will be a full accounting of the scope of family separations, and recognition by the government of the enduring consequences.
    The cruelty and chaos of ‘zero tolerance’
    In April 2018, the Trump administration announced a “zero tolerance” policy to prosecute all unauthorized crossings at the border, making no exception for asylum seekers or people with children. As a result, US immigration officials forcibly separated children from their parents and guardians, filing thousands of criminal cases against migrants who had fled violence to seek asylum in America. The parents were detained while their children were taken and treated as “unaccompanied minors”, placed in jails and shelters for migrant youth.
    “It just felt like chaos,” recalled Roberto Lopez, the community outreach coordinator with the Texas Civil Rights Project (TCRP), who was working in south Texas courtrooms where hundreds of separated parents faced criminal charges in an assembly line. “It was a mass prosecution … There was just so much pain. Many times they were asking, ‘Do you know where my kid is? When will I see them?’ And we had to tell them again and again, ‘We don’t know.’” More

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    'Family detention still exists': immigration groups warn the fight is far from over

    Few people have been as closely involved with family separation and reunification as attorney Erika Pinheiro, one of the leaders of the immigration advocacy group Al Otro Lado.And though Joe Biden’s win in the presidential election puts an end to Donald Trump’s laser focus on restricting all forms of immigration, Pinheiro wants people to understand that the fight for immigrant rights in the country is far from over.“There’s still a lot of work to do,” Pinheiro, Al Otro Lado’s litigation and policy director, said. “It’s not a given that everyone will be reunified, or families, babies are going to be let out of cages – family detention still exists.”Al Otro Lado has offices on both sides of the border, where it assists immigrants with family reunification, detention, access to healthcare, asylum, deportation and other issues.It was founded in 2011 and was volunteer run until Trump won the 2016 election on an anti-immigrant platform. The group’s leaders then committed to the work as a full-time, paying job.It has been a grueling four years. Pinheiro said the Trump administration caused her to question how she could be an attorney when laws were changing each week and the government did not seem interested in following the ones which remained. “Just the baseline of being able to do our jobs as attorneys was thrown into chaos,” Pinheiro said.There was the added factor of responding to atrocities a tired, exhausted world didn’t want to, or couldn’t, process.“It felt in many instances that it was screaming into the ether about people dying at the border, people suffering all these horrific human rights violations,” she said. “And some of it got through to the public, like family separation, but a lot of it didn’t.”With Covid, the group’s work has expanded even more.“We also have had to do emergency food assistance, quarantine housing for medically vulnerable families,” Pinheiro said. “We’ve supported a dozen shelters in getting clean water and food and PPE, we have helped raise the capacity of several medical organizations here on the border to make sure our clients would have access to any care.”The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.” More