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    US ends Trump-era asylum rules for immigrants fleeing violence

    The US government on Wednesday ended two Trump administration policies that made it harder for immigrants fleeing violence to qualify for asylum, especially Central Americans. Attorney general Merrick Garland issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates. “The significance of this cannot be overstated,” said Kate Melloy Goettel, legal director of litigation at the American Immigration Council. “This was one of the worst anti-asylum decisions under the Trump era, and this is a really important first step in undoing that.” Garland said he was making the changes after President Joe Biden ordered his office and the Department of Homeland Security to draft rules addressing complex issues in immigration law about groups of people who should qualify for asylum. The changes come as US immigration authorities have reported unusually high numbers of encounters with migrants at the southern border. In April, border officials reported the highest number of encounters in more than 20 years, though many migrants were repeat crossers who previously had been expelled from the country under pandemic-related powers. The number of children crossing the border alone also has been hovering at all-time highs. Many Central Americans arrive on the border fleeing gang violence in their countries. But it isn’t easy to qualify for asylum under US immigration laws, and the Trump-era policies made it that much harder. More than half of asylum cases decided by the immigration courts in the 2020 fiscal year were denials, according to data from the department of justice’s executive office for immigration review. Four years earlier, it was about one in five cases. In the current fiscal year, people from countries such as Russia and Cameroon have seen higher asylum grant rates in the immigration courts than people from El Salvador, Guatemala and Honduras, the data shows. One of the Trump administration policies was aimed at migrants who were fleeing violence from non-state actors, such as gangs, while the other affected those who felt they were being targeted in their countries because of their family ties, said Jason Dzubow, an immigration attorney in Washington who focuses on asylum. Dzubow said he recently represented a Salvadoran family in which the husband was killed and gang members started coming after his children. While Dzubow argued they were in danger because of their family ties, he said the immigration judge denied the case, citing the Trump-era decision among the reasons. Dzubow welcomed the change but said he doesn’t expect to suddenly see large numbers of Central Americans winning their asylum cases, which remain difficult under US law. “I don’t expect it is going to open the floodgates, and all of a sudden everyone from Central America can win their cases. Those cases are very burdensome and difficult,” he said. “We need to make a decision: do we want to protect these people?” More

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    Texas will build a wall along its border with Mexico, governor says

    The Republican Texas governor, Greg Abbott, has announced that the state will build a wall along its southern border with Mexico, sparking criticism from human rights and immigration advocacy groups.Citing the Biden administration’s rollback of Trump-era immigration policies, Abbott announced the border wall plans amid other security measures including plans for Texas to construct its own detention centers and $1bn of the state’s budget being allocated to border security. Abbott also declared that more undocumented immigrants will be arrested and sent to local jails versus being turned over to US Immigration and Customs Enforcement, also known as Ice.“I will announce next week the plan for the state of Texas to begin building the border wall,” said Abbott at a border security summit in Del Rio on Thursday.“To be clear, this is an attempt to distract from his governing failures while targeting vulnerable migrants,” tweeted the American Civil Liberties Union of Texas.“There is no substantive plan,” said Edna Yang, the co-executive director of immigration advocacy and legal aid group American Gateways, in a statement obtained by the New York Times. “It’s not going to make any border community or county safer.”“Governor Abbott is planning to steal Texans’ land for a political stunt,” tweeted Democratic Texas representative Joaquin Castro.It is unclear if Texas has the authority to construct a border wall following Biden’s cancellation of such building projects. The Biden administration had already threatened to sue Texas earlier this week after Abbott ordered that the state-licenses be revoked for any federally contracted facility that houses migrant children.Previous attempts to build a wall at the border, an ongoing campaign promise from former president Donald Trump, have been unsuccessful. Of the 1,000 miles of border wall Trump pledged to build on Mexico’s dime, only about 80 new miles of fencing that hadn’t existed before has been constructed. Trump also reinforced over 400 miles of barriers that already existed, using US taxpayer dollars to do so.Joe Biden, who promised to halt border wall construction, signed an order on his first day in office that stopped building projects on the border, implementing a 60-day review on the border wall project, and calling for unused border wall funds to be redirected. Since then, the US Department of Defense cancelled parts of the wall that were being built using military funding, reappropriating unspent funds for previously deferred military construction projects.Now, amid record increases in migrant children and families crossing the US-Mexican border, the Biden administration has struggled to handle the surge in migrations. Currently, authorities have continued rapidly expelling migrants who arrive at the border, following pandemic practices started by Trump, and while allowing others to enter the US while they await legal process, in federal facilities, since Biden revised and ended Trump’s Remain in Mexico asylum policy.Republicans, including Abbott, have long criticized Biden’s rollbacks of Trump-era border policies, claiming that softer revisions are inspiring more attempts to cross the US-Mexico border. But, there has been little evidence that harsher border policies are effective. In particular, Trump’s border wall is scalable with common, $5 hardware store ladders.Immigration advocates in Texas have also decried Abbott’s claims of a violent crisis at the border and previous policy efforts to police the southern border, arguing that assertions of rampant chaos are inaccurate and previous actions have done little to address migration concerns. In March, following declarations of drug smuggling and human trafficking at the border, Abbott launched Operation Lone Star, deploying hundreds of agents and government resources to posts along the US-Mexico border. More

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    Kamala Harris suffers bumpy baptism over immigration on first foreign trip

    Kamala Harris has returned to the US from her first foreign trip and big test since becoming vice-president – and taking over the hot-potato issue of immigration – battered by criticism over her harsh “Do not come” message to desperate migrants and her testy ambivalence over visiting the US-Mexico border.Harris arrived back on US soil from a three-day trip to Guatemala and Mexico just as Joe Biden flew out to the UK on Wednesday on his first overseas venture since winning the White House.His may be a higher-stakes visit aimed at reassuring European allies and confronting Russia after the divisive era of Donald Trump.But Harris’s more short-haul foray was never going to be plain sailing, either with the aim being to tackle “the root causes” of hundreds of thousands of migrants making the dangerous trek to America’s southern border, seeking entry to the US.Most are attempting unlawful entry or trying to appeal to the border authorities to allow them to apply for asylum through the US courts.With factors such as poverty and government corruption, a legacy of war and dictatorship, and as much foreign hindrance as help in Central American politics over the decades, any trip by a new US president or vice-president is fraught with high risk of failure.On top of that, newer trends such as increased migration forced by the climate crisis guaranteed that Harris was never going to achieve one-trip fixes.But although her hosts declared her visits a success, the “get tough” stance she touted with leaders over corruption was overshadowed by an awkward interview and criticism from US progressive torchbearers such as the New York congresswoman Alexandria Ocasio-Cortez over her stark remarks aimed at migrants.Ocasio-Cortez called out Harris on Twitter, saying her comments were “disappointing to see”.“First, seeking asylum at any US border is a 100% legal method of arrival,” said the congresswoman, adding: “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 to criticize Harris’s remarks.With unlawful crossings to the US over the US-Mexico border accelerating during the first months of the Biden administration, as US border authorities reported they encountered nearly 19,000 unaccompanied children crossing in March, the pressure on Harris has been intense.Biden put her in charge of dealing with the issue of the border in particular, within wider immigration policy, as the early weeks of his presidency featured stark reports and images of children crammed into detention centres on the US side of the border, with legal and social processing systems overwhelmed.Overall, more than 170,000 encounters were reported on the border in April, between migrants, mostly from Central America, and the US authorities, the highest level in more than 20 years.Harris, who has been under pressure at home to visit the US-Mexico border since she was given the role, but has not yet done so, focused her three-day visit on economic development, climate and food insecurity.In Guatemala, the origin of almost half the migrants gathering at the US border in recent months, Harris and the president, Alejandro Giammattei, expressed optimism that they could work together.The Biden administration has earmarked almost $4bn in commitments to help address the “root causes” of migration. Alongside that, Harris was also frank in her message, saying “the goal of our work is to help Guatemalans find hope at home”.But it was when Harris said in an address: “I want to be clear to folks in this region who are thinking about making that dangerous trek to the United States-Mexico border: ‘Do not come, do not come,’” that heads all over the US political and media landscape turned.It is no different a message than people in the Biden administration have delivered publicly before. But the stark statement actually made in a country where people are driven to head to the US by desperation prompted a strong response.Ocasio-Cortez described her comments as “disappointing” and noted that it is legal to seek asylum in the US from persecution in another country.Harris responded only obliquely, saying: “I’m really clear: we have to deal with the root causes and that is my hope. Period.”Harris was also forced to fend off criticism that she had yet to visit the US-Mexico border herself since becoming vice-president. Such visits are a perilous photo op for leaders looking to establish foreign and domestic policy credentials.And she dealt with the topic awkwardly when asked in an early morning TV interview about why she hadn’t visited the border this year, saying she hadn’t been to Europe either.“Well, we are going to the border,” Harris she added to NBC news anchor Lester Holt. “We have to deal with what’s happening at the border, there’s no question about that.”Moving on from a short stay in Guatemala to Mexico City, Harris sought to assure poor and threatened populations of Latin America on Tuesday that the United States has “the capacity to give people a sense of hope” and is focused on “tangible” results “as opposed to grand gestures”.The Mexican president, Andrés Manuel López Obrador, said Mexico was in a completely new phase of relations with the US.Eduardo Gamarra, professor of international relations at Florida International University, told the Guardian it was an important trip. “Harris issued a very significant statement in terms of rebutting the Republicans’ position that Democrats are running an ‘open border’ policy, and she made it quite clear to Giammattei that the US is willing to invest but there have to be significant changes in the way corruption is handled,” he said.[embedded content] More

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    Kamala Harris questioned over not going to US-Mexico border – video

    US vice-president Kamala Harris has brushed off questions about her decision not to go to the US-Mexico border as part of her work to address the spike in migration. Harris, who was asked about the issue during visits to Mexico and Guatemala, said: ‘I’ve been to the border before and I will go again, but when I’m in Guatemala dealing with root causes, I think we should have a conversation about what is going on in Guatemala’, Harris said. Republican lawmakers have criticised her for not prioritising the shared frontier

    Kamala Harris takes on a new role as she heads on her first overseas trip
    AOC condemns Kamala Harris for telling Guatemalan migrants not to come to US 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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    Low-income US immigrants feared seeking benefits during pandemic – report

    Low-income immigrants in the US who struggled to afford basic needs during the coronavirus pandemic avoided seeking government benefits and other assistance because of immigration-related concerns, according to a new report by the Urban Institute.Immigrants, and especially immigrant women, have been disproportionately affected by the pandemic-induced recession, enduring higher unemployment rates than workers born in the United States, the Migration Policy Institute reports.While the economy sputtered, more than a quarter of adults in low-income immigrant families said they or their partner lost a job, the Urban Institute found. Roughly half said the pandemic had negatively affected their family’s employment, whether through layoffs, furloughs, lost income or other threats to their livelihoods.For many, that sudden economic distress coincided with serious material hardship in 2020, as they forwent costly medical care and scrambled to make rent or mortgage payments.Over 41% of adults in low-income immigrant families suffered food insecurity, more than a quarter had trouble paying family medical bills, and almost 23% struggled to cover their utilities.By December, a majority said they were concerned about paying for housing and medical costs, picking up enough work hours and being able to pay debts in the next month.But, even as low-income immigrant families worried about meeting their needs, a sizable chunk – 27.5% – decided against using non-cash government benefits or other help because of immigration-related concerns. They didn’t apply for or stopped participating in nutrition, health and housing programs, which could have provided the life-sustaining basics they needed.Low-income families with nonpermanent residents – undocumented immigrants, temporary visa holders, etc – were especially vulnerable to those chilling effects. Nearly 44% avoided assistance because of fears over their immigration status or enforcement, including whether it would affect their ability to get a green card.Their hesitation came during a high-profile, years-long battle around the trumped up public charge rule, which made it harder for poorer immigrants to become legal permanent residents and has since been rescinded.Under the former Trump administration, the talking points around that policy underscored a hostility toward immigrants who live in poverty, even though many aren’t eligible for public benefits anyway.“Give me your tired and your poor,” said Ken Cuccinelli, then the acting director of US Citizenship and Immigration Services, “who can stand on their own two feet and who will not become a public charge”. More

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    Revealed: Biden administration holding tens of thousands of migrant children

    The Biden administration is holding tens of thousands of asylum-seeking children in an opaque network of some 200 facilities that the Associated Press has learned spans two dozen states and includes five shelters with more than 1,000 children packed inside.Confidential data obtained by the AP shows the number of migrant children in government custody more than doubled in the past two months, and this week the federal government was housing around 21,000 kids, from toddlers to teens.A facility at Fort Bliss, a US army post in El Paso, Texas, had more than 4,500 children as of Monday. Attorneys, advocates and mental health experts say that while some shelters are safe and provide adequate care, others are endangering children’s health and safety.“It’s almost like ‘Groundhog Day’,” said the Southern Poverty Law Center attorney Luz Lopez, referring to the 1993 film in which events appear to be continually repeating. A US Department of Health and Human Services spokesman, Mark Weber, said the department’s staff and contractors were working hard to keep children in their custody safe and healthy.A few of the current practices are the same as those that Joe Biden and others criticized under the Trump administration, including not vetting some caregivers with full FBI fingerprint background checks. At the same time, court records show the Biden administration is working to settle several multimillion-dollar lawsuits that claim migrant children were abused in shelters under Donald Trump’s presidency.Part of the government’s plan to manage thousands of children crossing the US-Mexico border involves about a dozen unlicensed emergency facilities inside military installations, stadiums and convention centers that skirt state regulations and do not require traditional legal oversight.Inside the facilities, called emergency intake sites, children are not guaranteed access to education, recreational opportunities or legal counsel.In a recent news release, the administration touted its “restoration of a child centered focus for unaccompanied children”, and it has been sharing daily totals of the number of children in government custody as well as a few photos of the facilities. This reflects a higher level of transparency than the Trump administration. In addition, the amount of time children spend, on average, inside the system has dropped from four months last fall to less than a month this spring, according to the Department of Health and Human Services.Nonetheless, the agency has received reports of abuse that resulted in a handful of contract staffers being dismissed from working at the emergency sites this year, according to an official who was not authorized to discuss the matter publicly and spoke on the condition of anonymity.Attorneys say sometimes, even parents cannot figure out where their children are.Jose, a father who fled El Salvador after his village was targeted in a massacre, requested asylum in the US four years ago. He had hoped to welcome his wife and eight-year-old daughter to southern California this year, but the pair were turned around at the border in March and expelled to Mexico. The little girl crossed again by herself and was placed in the government shelter in Brownsville, Texas, on 6 April. Jose called a government hotline set up for parents seeking their migrant children repeatedly but said no one would tell him where she was.“I was so upset because I kept calling and calling and no one would tell me any information about where she was,” said Jose, who asked to be identified only by his first name out of fear of endangering his immigration case. For nearly three weeks, his daughter was held inside the Brownsville facility before finally being released to him in late April after an advocacy organization intervened to get the government to foot the bill for her airfare, as is required by the agency.HHS declined to say whether there are any legally enforceable standards for caring for children housed at the emergency sites or how they are being monitored. The Biden administration has allowed very limited access to news media once children are brought into facilities, citing the coronavirus pandemic and privacy restrictions.“HHS has worked as swiftly as possible to increase bed capacity and to ensure potential sponsors can provide a safe home while the child goes through their immigration proceedings,” HHS spokesman Weber said in a statement. Weber confirmed a number of specific shelter populations from the data the AP obtained.Of particular concern to advocates are mass shelters, with hundreds of beds apiece. These facilities can leave children isolated, less supervised and without basic services.The AP found about half of all migrant children detained in the US are sleeping in shelters with more than 1,000 other children. More than 17,650 are in facilities with 100 or more children. Some shelters and foster programs are small, little more than a house with a handful of kids. A large Houston facility abruptly closed last month after it was revealed that children were being given plastic bags instead of access to restrooms.“The system has been very dysfunctional, and it’s getting worse,” said Amy Cohen, a child psychiatrist and executive director of the non-profit Every. Last. One., which works to help immigrant families fleeing violence in Central America. Although there have been large numbers of children arriving in the US for years, Cohen said she had never seen the situation as bad as it is today.Cohen described parents receiving calls from people refusing to identify themselves. They are told to be at an airport or bus station in the next two hours to pick up their children, who have been held for more than a month without notice, or they would not be released. Some parents are told to pay a travel agency thousands of dollars to have their child sent to them, she said.“The children are coming out sick, with Covid, infested with lice, and it will not surprise me to see children dying as a consequence, as we saw during the Trump years,” Cohen said. “The Biden administration is feverishly putting up these pop-up detention facilities, many of which have no experience working with children.”One reason so many children are now arriving without their parents dates back to a 2020 Trump administration emergency order that essentially closed the US-Mexico border to all migrants, citing public health concerns about spreading Covid-19.That emergency order still applies to adults, but the Biden administration has begun allowing children traveling without their parents to stay and seek asylum if they enter the country. As a result, some parents are sending their kids across the border by themselves.Most already have a parent or other adult relative or family friend, known as a sponsor, in the US waiting to receive them. But first they are typically detained by US Customs and Border Protection, or CBP, then turned over to a government shelter.Over the course of 2019, the federal government held nearly 70,000 children in a system of contracted shelters, mass detention camps and foster parents. This year those numbers are expected to be even higher.Some of the facilities holding children these days are run by contractors already facing lawsuits claiming that children were physically and sexually abused in their shelters under the Trump administration, while others are new companies with little or no experience working with migrant children. Collectively, the emergency facilities can accommodate nearly 18,000 children, according to data the agency provided earlier this month.“There are a lot of questions about are there standards and who is ensuring that they are meeting them, and what kind of transparency and accountability will there be,” said Jennifer Podkul, a vice-president at Kids in Need of Defense, which represents children in immigration court.Several organizations have filed legal claims against the federal government seeking hundreds of millions of dollars in damages for parents who said their children were harmed while in government custody after being forcibly separated at the border under Trump administration policies. In some lawsuits, families claim children suffered physical and sexual abuse while in government custody, at both foster homes and private shelters.Biden’s justice department is defending the government against these claims, which were filed in 2019 under the Trump administration. But the federal response has been mixed since the change in leadership. Some cases continue to be argued, while others are in settlement discussions.In a recent filing in one case currently in litigation, federal attorneys agreed with the assertion that these policies indeed inflicted harm.As for the eight-year-old girl, her father, Jose, said she was adjusting to life in Los Angeles, enjoying playing with her older brother and, bit by bit, opening up.“She keeps asking me where her mom is, and I keep telling her not to worry, that she is in Mexico and she is OK,” he said. “Soon I hope she’ll tell me what it was like inside.” More