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      Texas’s use of ‘invasion’ clause against immigrants is racist and dangerous, rights groups say

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      Texas is challenging federal control of policy on the US-Mexico border by exploiting what it sees as a constitutional loophole around the definition of an “invasion” but that migrants rights activists see as dangerously ramping up fears with racist language.Immigration policy has long been under the purview of the US federal government – not individual states – since the US supreme court ruled so in a landmark United States v Arizona case in 2012.But in November of 2022, rightwing Republican governor Greg Abbott invoked the “invasion” clauses found in the Texas and US constitutions, likening migrants at the border to a public foreign enemy that therefore gave him the power to enact his own border policies.The Texas Civil Rights Project called the move a “political ploy”.“Calling immigrants an invasion is extremely dangerous,” said Roberto Lopez, senior advocacy manager for the organization’s “Beyond the Border” program.Lopez added: “We have seen so many shootings and more rise in hate crimes [against migrants.] This is all connected to this rhetoric of associating people who are trying to seek safety with being like a literal attack on the United States. That is just giving a lot of fire and energy to militia groups and people who are filled with hate.”Abbott is already seeking to take Texas border control into his own hands, as evidenced by the state’s recent announcement of a new “border force” that could allow its agents to “arrest, apprehend or detain persons crossing the Texas-Mexico border unlawfully”, if it gets past the state legislature. And with a conservative-majority in both the Texas state house and senate, that likelihood is high.Abbott has made his interpretation of the “invasion clauses” clear. At the time of announcing his border force, Abbott said: “I invoked the Invasion Clauses of the US and Texas Constitutions to fully authorize Texas to take unprecedented measures to defend our state against an invasion.”“I’m using that constitutional authority, and other authorization and Executive Orders to keep our state & country safe.”But the legal language Abbot is citing is not that simple, according to Barbara Hines, a law professor at the University of Texas and founder of its law school Immigration Clinic.Hines called the state’s justification for creating its own immigration laws “unprecedented and extreme”.“Federal immigration law is a federal issue. It’s not based on the Texas constitution,” Hines said.Article four of the Texas constitution states: “[The governor] shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.”Abbott argues the increase of migrants at the border merits drastic actions such as establishing a state police force specifically to rein in immigration.Migrant rights groups say people crossing the border – many of whom are seeking to legally claim refugee status – does not constitute an invasion. Instead, they say such language is racist and inflammatory. In 2019 a white supremacist attacked a Walmart in El Paso, seeking to kill Latinos and fueled by anti-immigration rhetoric. The gunman killed 23 people.Many legal scholars believe rightwing arguments over the invasion clause in the Texas constitution are neutralised by the supremacy clause in the US constitution. That states that “the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions,” according to Cornell Law School’s Legal Information Institute.But in the US constitution, the word “invasion” is mentioned twice: once in article one, section 10 and again in article four, section four. That gives Abbott, and some rightwing activists, hope that their arguments might prevail on a conservative supreme court.In the first instance, the US constitution specifically limits the power of states to keep troops, like Operation Lone Star a border force, unless invaded..
      “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
      When invasion is mentioned for the second time, the constitution more broadly says that the federal government is responsible for protecting its states against an invasion.
      “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
      Hines explained that although the word “invasion” is mentioned twice in different contexts, “there’s this theory of law that the same term or word in the constitution, should mean the same thing [if repeated].” The key question is likely to be whether or not “invasion” in this context means solely by another state or armed force.Abbott’s policies, like his potential border force and the existing initiative Operation Lone Star, are already being questioned as illegal by civil rights groups others. They have faced legal challenges by civil rights advocacy groups and an investigation by the US Department of Justice.If such a case against Texas materializes and moves up through the courts – especially all the way up to the US supreme court – it’s possible the US will have to revisit the question of who gets to control the border.Some say that’s exactly what Texas lawmakers in favor of state control of the border want, especially as the current supreme court is dominated by hardline conservative judges.Texas’s far-right attorney general Ken Paxton said as much in a senate committee hearing on the subject:“We’re in unchartered territory as far as knowing what states can do because states have never had to wonder or really test this,” Paxton said. “So, I think part of this is going to be, we’re going to have to figure out where are the areas that we want to test. And that’s part of why I’ve been saying for two years, we should test U.S. v Arizona. We should test to see if the states can protect themselves, given the circumstances we’re in that we’ve never been in before.”Hines said: “This supreme court has not respected precedent in other situations, for example, in the abortion case. And this state legislature has been willing to pass unconstitutional laws to test them.”“I am hopeful that as conservative as the supreme court is that they’re going to respect precedent. It is unheard of that states could enforce federal law as to who is entering the United States without permission and who is not, and to create a state trespass law for people entering the United States that has been in sole federal power since the late 1800s.” More

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      ‘I feel safe here’: the people leaving everything behind to seek refuge in US

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      The US homeland security secretary, Alejandro Mayorkas, has a message for migrants that he has been repeating loudly and frequently: “Our border is not open … don’t risk your life and your life savings” to come to the US seeking refuge without invitation.But for millions, hunger, violence and fear ring out louder. Political dysfunction and economic calamity are pushing people from many nations in the western hemisphere in what Joe Biden has called the “largest migration in human history”, exacerbated in Latin America and beyond by the coronavirus pandemic.People with tenacity but few means make a hopeful journey mostly across land towards the US-Mexico border. If they beat the odds to reach American soil they may find harbor – or more heartbreak.Yesi Ortega choked up when talking to the Guardian at a shelter in El Paso, west Texas, earlier this month, as she recounted the odyssey she, her husband Raphael López and their five-year-old son, Matías, had spent six months making.The family had reached a tipping point in their native Venezuela and followed more than 7 million other citizens who have fled the country’s economic collapse and pervasive hunger when their choice came down to food or clothing, Ortega, 24, said.“We had no option. We needed to take the risk,” she said. Like almost a third of this exodus, they first tried nextdoor Colombia, itself unstable and contributing amid the post-pandemic hardship to the latest rise in migration towards the US.Ortega found work in a restaurant kitchen and López labored in a plastics factory in Medellín. But they were paid less, as migrants, the equivalent of $35 a week between them, when a staple such as milk was $3 a liter and the rent was crippling, she said.When they failed to get legal status and couldn’t access the healthcare system or school for Matías, like many others they left Colombia for the US.They survived the slog and danger of walking through the hellish Darién Gap jungle into Panama and trudged through Central America and Mexico, fraught with risk, especially for foreigners migrating on a shoestring.The family didn’t use human smugglers, Ortega said. She recounted how, along the way, they were mugged twice at gunpoint, slept under torrential rains and endured cold nights, leapt on to freight trains when they could, worked temporary jobs and begged for money to buy food, water and bus tickets to relieve the trek whenever possible.Eventually, they reached Ciudad Juárez, across the Mexican border from El Paso. After all that, Matías then broke his right arm while playing. But the family pressed on and went to Door 40 in the towering border barrier to turn themselves in to federal border patrol agents.At first they were separated. Ortega and Matías were taken and held in New Mexico while López, 27, was sent to a detention center 85 miles away in Tornillo, which became known in the Trump administration for holding unaccompanied migrant children in detention camps.They were released after about a week of what they described as cold, uncomfortable conditions and managed to reunite and find a shelter in El Paso. Last week the three traveled to Chicago, where they had a contact address, to await their interview with the immigration authorities in June to find out if they will be allowed to go through the full asylum system in the US – or be deported.The family entered the US before the Title 42 pandemic-related rule was lifted on 11 May, which had blocked many from requesting asylum while allowing some families with young children to do so. After that block ended, the Biden administration nevertheless brought in a “presumption of ineligibility” for asylum for people who simply turn themselves in at the border. This has enraged immigration advocates, who call the new restriction an asylum ban. No matter what, the dice are loaded against Ortega and her family if the authorities conclude they are economic migrants.Around the corner from the shelter, fellow Venezuelan José Ocando, 28, was sleeping on the ground in an alley on a thin mat with some blankets.He had also been living in Colombia, with his wife, but was tracked down by members of a gang who told him his impoverished mother back in Venezuela had a debt outstanding and said they would kill them both if they didn’t pay up.“We left everything from one day to another. There was no time to figure out why these people wanted me to pay a debt I didn’t even know about,” he told the Guardian.They fled and took buses to Monterrey in northern Mexico. There they were within geofencing range to access the US government’s app, CBP One on a smartphone, to request a US asylum appointment.They tried every day for a month but couldn’t get an appointment, Ocando said. So they went to Matamoros, where the Rio Grande infamously claims lives and on 11 May produced scenes of frightened young children, some roped together and with little inflatable rings to stop them from drowning, clinging to their parents on the muddy riverbank as others waited up to their necks in the river, all on the wrong side of razor wire with gun-toting US troops beyond.Ocando and his wife made it across safely, although he was detained and expelled back to Mexico, while his wife was allowed in. She traveled to Utah to join an uncle – as those claiming asylum must give an address to the authorities – and after Ocando traveled the length of the Texas-Mexico border, he was allowed into El Paso.Now he’s found a part-time job carrying blocks on a construction site and is saving for a bus ticket to join his wife as they also await an asylum interview.“It’s been difficult, but I feel safe here,” he told the Guardian.Meanwhile, Fabiola Cometán, 45, also felt protected on US soil after decades of physical abuse by her two former partners, she said.The last straw was receiving a death threat from one of her sisters in their native Peru recently over a debt, going to police and being ignored and then threatened by three men who came to her door demanding the money be paid, she said.Before leaving Lima to join a small group of mostly Venezuelan migrants traveling together for safety overland to the US, she had to decide which of her children to take with her.She thought of the hazards of the Darién and the danger of extortion and sexual assault in Mexico, she said.She sobbed as she said she took her six-year-old son and left her nine-year-old daughter behind with another sister, to protect her from the greater risk of being raped or kidnapped.“My heart broke into pieces, but I had to leave her to come here and find a better opportunity for all of us,” she said.She plans to make her way to New York and go through the asylum process there. Her son, Luis, talked excitedly of going to school and one day seeing snow.
      Joanna Walters contributed reporting More

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      Mother of girl who died in US border patrol custody says agents ignored her

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      The mother of an eight-year-old girl who died in US border patrol custody said on Friday that agents repeatedly ignored pleas to hospitalize her medically fragile daughter as she felt pain in her bones, struggled to breathe and was unable to walk.Agents said her daughter’s diagnosis of influenza did not require hospital care, Mabel Alvarez Benedicks said in an emotional phone interview. They knew the girl had a history of heart problems and sickle cell anemia.“They killed my daughter, because she was nearly a day and a half without being able to breathe,” Alvarez Benedicks said. “She cried and begged for her life and they ignored her. They didn’t do anything for her.”The girl died on Wednesday on what her mother said was the family’s ninth day in border patrol custody. People are to be held no more than 72 hours under agency policy, a rule that is violated during unusually busy times.The account is almost certain to raise questions about whether the border patrol properly handled the situation, the second death of a child in federal officials’ custody in two weeks after a rush of unlawful border crossings severely strained holding facilities.Roderick Kise, a spokesperson for the border patrol’s parent agency, Customs and Border Protection, said he could not comment beyond an initial statement because the death remained under investigation. In that statement, Kise’s agency said the girl experienced “a medical emergency” at a station in Harlingen, Texas, and died later that day at a hospital.Alvarez Benedicks, 35, said she, her husband and three children, aged 14, 12 and eight, crossed the border to Brownsville, Texas, on 9 May. After a doctor diagnosed the eight-year-old, Anadith Tanay Reyes Alvarez, with influenza, the family was sent to the Harlingen station on 14 May. It was unclear why the family was held so long.Anadith woke up her first day in the Harlingen station with a fever and had a headache, according to her mother, who said the station was dusty and smelled of urine.When she reported her daughter’s bone pain to an agent, she said he responded: “Oh, your daughter is growing up. That’s why her bones hurt. Give her water.”“I just looked at him,” Alvarez Benedicks said. “How would he know what to do if he’s not a doctor?”She said a doctor told her the pain was flu-related. She asked for an ambulance to take her daughter to the hospital for breathing difficulties but was denied.“I felt like they didn’t believe me,” she said.Anadith received saline fluids, a shower and fever medication to reduce her temperature, but her breathing problems persisted, her mother said, adding that a sore throat prevented her from eating and she stopped walking.At one point, a doctor asked the parents to return if Anadith fainted, Alvarez Benedicks said. Their request for an ambulance was denied again when her blood pressure was checked on Wednesday.An ambulance was called later that day after Anadith went limp and unconscious and blood came out of her mouth, her mother said. She insists her daughter had no vital signs in the border patrol station before leaving for the hospital.The family is staying at a McAllen, Texas, migrant shelter and seeking money to bring their daughter’s remains to New York City, their final destination in the US.Anadith, whose parents are Honduran, was born in Panama with congenital heart disease. She received surgery three years ago that her mother characterized as successful. It inspired Anadith to want to become a doctor.Her death came a week after a 17-year-old Honduran boy, Ángel Eduardo Maradiaga Espinoza, died in US health and human services department custody. Maradiaga traveled alone.A rush to the border before Covid-19 asylum limits known as Title 42 expired brought extraordinary pressure. The border patrol took an average of 10,100 people into custody a day over four days last week, compared to a daily average of 5,200 in March.The border patrol had 28,717 people in custody on 10 May, one day before pandemic asylum restrictions expired, which was double from two weeks earlier, according to a court filing. By Sunday, the custody count dropped 23% to 22,259, still historically high.Custody capacity is about 17,000, according to a government document last year, and the administration has been adding temporary giant tents like one in San Diego that opened in January with room for about 500 people.On Sunday, the average time in custody was 77 hours. More

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      Republicans aren’t fixing the migrant border plight. In fact they’re making it worse | Andrew Gawthorpe

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      Last week saw the end of Title 42, the Trump-era border restriction which was technically introduced as a health measure during the coronavirus pandemic. The policy allowed the Trump and then Biden administrations to expel without due process the vast majority of people seeking asylum at the United States-Mexico border. Given that the acute phase of the pandemic has passed, the end of the policy – which has been used about 2.7m times – was inevitable.But the end of Title 42 has also reignited the political firestorm over the US immigration and refugee system. Republicans have seemed to gleefully anticipate “chaos” and “disaster” at the border after the policy is lifted. Less biased observers are also concerned that the US refugee processing system will be overwhelmed by the sheer scale of people now expected to seek asylum. The Biden administration has come under fierce criticism from the left for a tough new policy of questionable legality which requires most refugees to seek asylum from abroad using a glitchy cellphone app called CBP One.Not to be outdone, Republicans have responded to the situation by promising to return to the failed and cruel policies of the past. The Republican-controlled House of Representatives has passed a bill which would order the resumption of Trump’s border wall and eviscerate the right to asylum for those who reach the US. Meanwhile, speaking at a CNN town hall last week, Trump defended his policy of family separation and indicated that he would consider reinstating it if he became president again.All of these proposals show that even though there are many reasons to be concerned about the humanitarian situation at the southern border, Republicans have no solutions to it. Migration is driven by human suffering and the desire for a better and safer life, rooted in structural factors like the climate crisis, human rights violations and economic inequality. US government policies have some impact, but they’re not determinative. If people could be prevented from seeking asylum through angry posturing or cruel policies like family separation, then it’s hard to explain why 2019 – a year when Trump was president – saw the largest number of arrivals in 12 years.What’s even worse is that the policies that Republicans want to pursue in other areas of life only make the structural factors underlying migration more severe. The party is opposed to serious efforts to tackle the climate crisis, and it cut foreign aid to Central America under Trump – in some cases actually as punishment for the arrival of migrants at the border. Furthermore, the weak US gun laws which Republicans back create an “iron river” of firearms flowing into Mexico and Central America, where 70% and 50% of guns used in crimes are traced back to the US.The party also has a long history of promoting US military intervention in Latin America, which has caused instability and propped up the regimes that fuel the inequality and violence of today. Republicans are busy right now proposing that the US invade Mexico to take out its drug cartels, an action that would contribute to the country’s insecurity and undoubtedly fuel an increase in migration northwards.If Republicans wanted to actually help deal with the refugee crisis, there are many things they could do. They could join with Democrats to properly fund the system of refugee centers, in which the number of detainees is already exceeding capacity, and immigration courts, where some refugees have been waiting more than a decade for a hearing. They could try to advance proposals to work constructively with the nations with which the United States shares a hemisphere to tackle common problems like the climate crisis, economic inequality and gun violence. And they could work to expand, rather than contract, legal pathways to citizenship and asylum.The Biden administration is now working to do just that, announcing plans to set up immigration processing centers throughout Latin America, with the first to open in Guatemala and Colombia in the coming weeks. Eventually, the administration hopes to reduce the need for desperate people to arrive at the border by offering them an opportunity to apply for asylum from elsewhere. This should not only dial down the political heat at home, but much more importantly mean that would-be migrants don’t have to suffer the harrowing journey north, which for many ends in abuse or death.skip past newsletter promotionafter newsletter promotionBut these plans can only be effective and sustainable over the long term with the cooperation of Republicans, both in Congress and in future administrations. For that to happen, the party would need to start seeing immigrants and refugees as fellow human beings in need of assistance rather than as enemies to be quashed. Only then can America really make progress in tackling this problem and escaping the cycle of cruelty in which it is currently trapped.
      Andrew Gawthorpe is a historian of the United States at Leiden University and the creator of America Explained, a newsletter and podcast More

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      Border crossings reportedly decrease after Title 42 rules scrapped

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      Crossings at the US border with Mexico have dropped 50% after Title 42 restrictions ended at the end of Thursday and the Biden White House implemented an arguably tougher immigration policy, American homeland security secretary Alejandro Mayorkas said on Sunday.Mayorkas’s remarks on Sunday were a defense of the policy which replaced the expired measure that allowed border officials to expel migrants 2.7m times to their home country or Mexico without hearing their asylum claims, ostensibly to limit the spread of Covid-19.Advocates have argued that the new Biden restrictions mimic two Donald Trump-era policies, but Mayorkas defiantly touted the updated measures, saying on CNN’s State of the Union on Sunday that the “US Border Patrol has experienced a 50% drop in the number of encounters versus what we were experiencing earlier in the week before Title 42 ended”.The rules now bar migrants from asylum if they don’t request refugee status in another country before entering the US. Mayorkas added that, on Friday, border patrol officers had detained 6,300 migrants and about 4,200 on Saturday, down from more than 10,000 “before the end of Title 42 earlier last week”.Mayorkas’s cited reduction in border crossings is what the administration expected when announcing the new asylum restriction. Mayorkas had previously said “the border is not open”, attempting to send a clear message to migrants on the Mexican side. He had also said that those who don’t pursue legal pathways to the US could face a “five-year ban on re-entry and potential criminal prosecution”.The numbers appeared to be an early projection of what could happen in the upcoming weeks and months amid the Biden administration’s new border policy. In some areas at the border such as Texas’s Rio Grande valley, agents apprehended 1,133 migrants, representing a 66% decrease as compared with the highest mark, 3,300, during the last fiscal year in the area, according to chief border patrol agent Gloria Chavez.Nonetheless, there were still signs of the border attracting prospective migrants. More than 1,500 miles (2,400km) west, near the San Ysidro port of entry in California, hundreds of people were sitting on cardboard boxes on a sloping hill between the two barriers that form the border walls.Those people – mostly women and children – were on US soil, just steps away from Tijuana, Mexico, having crossed the actual border between the two countries. But they were stuck in an area between two 30ft (10-meter) walls, waiting at the time to be processed by border patrol. “When we first came out here the first few days, there were maybe 100, 150 – then gradually, it started to increase to 200, 250,” said Robert Vivar, an immigration missioner with the San Diego Episcopal diocese. “On a daily basis, [border patrol agents] come in and go and take women and children for processing.”Friends of Friendship Park Committee members, such as Vivar and Pedro Rios, along with other activists and observers, called it an “open-air detention center”. There were few visible services: just one portable toilet for 400 to 800 people.Activists insisted they have seen an increase in the number of people showing up in the last week. The agency said it had nearly 25,000 migrants in custody on Thursday. US Immigration and Customs Enforcement officials said they would increase the number of beds by several thousand.However, the scene between the border walls was orderly. Children smiled through the thick, rusted bollards at volunteers who handed out crayons and notepads just three days after Mexico celebrated Mother’s Day and one day before the US recognized the holiday.One young boy squeezed a new stuffed animal tightly.skip past newsletter promotionafter newsletter promotionReligious groups and nonprofits in San Diego have organized an impromptu service site on the Mexican side of the wall that included a charging table for phones handed through the wall, and bins of donations – toilet paper, diapers, sanitary pads, first aid items, clothing and food.There were rows of water bottles lined up in the barrier. Volunteers kept arriving throughout the afternoon: families dropped off donations, high schoolers showed up to hand out food and a minister walked along a stretch of the wall to get individual requests from new arrivals. People who spoke Spanish, French, Arabic and English came to the wall to ask for jackets, warm pants and socks as the sun set and the California desert turned cold.A half mile to the west, border patrol agents monitored a men’s encampment on a windy hill. Volunteers loaded donations, mainly blankets and tarps, on to the agency’s trucks that offered to drive them up to the men’s group. Some of the attendees confirmed to the Guardian that the donations were delivered. Organizers are less certain about where people ended up when the border patrol took groups of 60 to 70 people for processing from either camp.A federal judge in Florida on Friday blocked a Biden policy of expediting the release of some migrants to prevent overcrowding in border patrol facilities. Consequently, the administration asked the judge, Kent Wetherell, to pause his ruling because it could force border patrol agents to decline arrests in order to mitigate the overcrowding conditions.Wetherell denied the Biden administration’s request, dismissing it as “borderline frivolous”. The Biden White House has said it plans to appeal the ruling. More

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      Title 42 migration restrictions have ended, but Biden’s new policy is tougher

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      As the Title 42 pandemic-era rule ended at midnight on Thursday, Alejandro Mayorkas, the secretary of homeland security and a former Cuban refugee, issued a stern warning to would-be migrants, saying: “People who arrive at the border without using a lawful pathway will be presumed ineligible for asylum.”In many ways, Mayorkas’s statement directly contradicted some of the promises Joe Biden made as a candidate during the 2020 presidential election. Then Biden had pledged to dismantle Donald Trump’s hardline immigration agenda, calling the numerous restrictions his rival enacted to shut off access to the US asylum system “cruel”.After taking office, Biden reversed some of Trump’s border policies, including a program that required asylum-seekers to wait in dangerous Mexican border cities while their cases were reviewed by US courts.But for more than a year, Biden kept, and defended in court, Trump’s most sweeping border restriction: the Title 42 emergency order that allowed agents to cite the Covid-19 pandemic to quickly expel migrants without hearing asylum claims.The Biden administration in 2022 tried to phase out Title 42, but was blocked by a lawsuit filed by Republicans in 19 states. By the time it ended – due to the expiration of the Covid-19 public health emergency – Title 42 had been used to expel migrants over 2.7m times from the US southern border, according to government statistics.But Biden is now replacing Title 42 with an arguably tougher, more restrictive policy. His administration on Friday started implementing a rule barring migrants from asylum if they don’t request refugee status in another country before entering the US.Advocates suggested that such a restriction mimics two Trump-era policies known as the “entry” and “transit” asylum bans which were consequently blocked by courts. As a result, the new restrictive border control has already been challenged by the American Civil Liberties Union and other immigrants’ rights groups in federal court.“This new rule is no less illegal or harmful. It will effectively eliminate asylum for nearly all non-Mexican asylum seekers who enter between designated ports of entry, and even for those who present at a port without first securing an appointment,” the complaint says.Thousands of migrants anticipating the end of Title 42 crossed into the US in record numbers this week along the 2,000-mile border with Mexico. They gathered on the banks of the Rio Grande and gates near the border wall, waiting for their turn to be let into US soil.Nestor Quintero, who crossed the US border near El Paso, Texas, only to be expelled to Tijuana, recently returned to Ciudad Juárez, scared that once Title 42 was lifted, his chances to give his daughters a “better and safer life” would be diminished.Unable to secure an appointment using a government cellphone app known as CBP One for over a month, the Venezuelan decided to surrender himself along with his family at gate 47 at the border wall in El Paso last week.“We were detained for six days and then were given documents by the [immigration] officials,” said Quintero, 35, who left Venezuela after an opposition politician he had worked for disappeared.“We have a [court] date in September this year, but now we only worry about eating. We have no money and we are hungry.”Biden’s asylum restriction, announced the same day Quintero’s family was released from border patrol custody, could have led to them being deported and banned from entering the US for five years. If they attempted to re-enter the US, they would have faced criminal prosecution.One of the only ways to avoid facing deportation under the strict asylum rule is to secure an appointment to enter the US through the government app. In its first four months, over 83,000 individuals have successfully scheduled an appointment through CBP One, a DHS official told the Guardian.CBP recently announced changes to the app, increasing the number of appointments available to approximately 1,000 a day from 740. That could be an option for some of the estimated 60,000 migrants who the border patrol chief, Raul Ortiz, said are waiting in northern Mexico, but it is unclear how many are willing to wait.The number of migrants stranded in Mexico could also increase further due to the new policies. The Mexican government has agreed to continue accepting tens of thousands of Cuban, Haitian, Nicaraguan and Venezuelan deportees from the US.Shelter directors in Mexico told the Guardian they are at capacity.“This agreement means that more than 360,000 people could come to a country that doesn’t have a federal or state system to help everyone,” said Rafael Velásquez, the country director for Mexico at the International Refugee Committee.In its effort to dissuade migrants from travelling north, the Biden administration has also partnered with the Colombian and Panamanian governments to create regional processing centers to screen migrants who could be eligible to enter the US legally. The White House is also allowing up to 30,000 migrants from Cuba, Haiti, Nicaragua and Venezuela to fly to the US each month, as long as they have American financial supporters.Just before Mayorkas’s statement on the termination of Title 42, a federal judge in Florida blocked a Biden policy of expediting the release of some migrants to prevent overcrowding in porder patrol facilities. The agency said it had nearly 25,000 migrants in custody on Thursday. Immigration and Customs Enforcement (Ice) said it will increase the number of beds by several thousand.On the evening of 11 May, Quintero, who along with his wife and daughters were released from a detention center in El Paso, reached out to the Venezuelan relative he left behind in Ciudad Juárez, worried about his whereabouts.“He was sad because he is now alone in Mexico,” said Quintero, whose final destination is Chicago, but his court appointment is in Texas. “He thinks he got deported because he came by himself, with no children, to the US.” More

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      ‘The border is not open’: US immediately replaces Title 42 with strict new rules

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      The US late on Thursday ended pandemic-era restrictions at the US-Mexico border that blocked many migrants from their right to claim asylum in the US – but immediately replaced the so-called Title 42 restrictions with sweeping new policies designed to deter or even physically prevent people from crossing the border without permission.In an increasingly hard line from the Biden administration, the secretary of homeland security, Alejandro Mayorkas, said on Thursday evening that 24,000 border patrol agents and officers had been sent to the border to enforce US laws, adding: “The border is not open.“Starting tonight, people who arrive at the border without using a lawful pathway will be presumed ineligible for asylum. We are ready to humanely process and remove people without a legal basis to remain in the US,” he said.The secretary added on Friday morning, appearing on CNN, of migrants arriving at the southern border: “We are taking them into our custody, we are screening and vetting them and if they do not have a basis to remain, we will remove them very swiftly.”Additionally, the state department announced a new website aimed at informing migrants how to access legal pathways into the US. The site, MovilidadSegura.org, was created with help from the UN Refugee Agency, the International Organization for Migration and other groups.In the hours before the new regulations went into effect, thousands of migrants waded through rivers, climbed walls and scrambled up embankments on to US soil, hoping to be processed before the new system went into effect at midnight US eastern time.In Matamoros, Mexico, at the eastern end of the border close to the Gulf of Mexico, groups crossed the Rio Grande river in chin-high water. Some carried tiny babies and bags of belongings above their heads to make it into Brownsville, Texas, to ask for refuge.They clutched cellphones above the water to light the way toward the US but, behind coils of razor wire, US authorities shouted for the migrants to turn back.As small children, tied together by their parents to stop them being washed to their deaths in the treacherous river, scrambled up the bank wearing brightly colored inflatable rings from the crossing, uniformed soldiers pointed back where they had come from and refused to part the wire to let them come in and exercise their right to seek asylum.“Be careful with the children,” an official shouted through a megaphone. “It is especially dangerous for the children.”The expired rule, known as Title 42, was in place since March 2020. It allowed border officials to quickly return asylum seekers back over the border on grounds of preventing the spread of Covid-19.While Title 42 prevented many from seeking asylum, it carried no legal consequences. After Thursday, migrants face being barred from entering the US for five years and possible criminal prosecution.In El Paso in west Texas, hundreds of migrants camped out on downtown streets trying to figure out where to go next after crossing the border from Ciudad Juárez, Mexico.The first moments of the end of Title 42 in Ciudad Juárez, the Mexican twin city to El Paso, were met with initial silence.It was almost as if nothing had changed for the 500 migrants hoping to turn themselves in to US authorities outside Door 42 between Juárez and El Paso, a gate in the tall border barrier.The group had been waiting since late afternoon, surrounded by Texas national guard and border patrol agents, and entrapped by barbed wire.Throughout the afternoon and into the night, small groups were slowly allowed into the country, while the rest stood by.The hot afternoon grew colder as soon as the sun set. With no belongings, many struggled to keep warm. Their only option: dust-filled blankets, jackets and sweaters that migration authorities provided from a dumpster.skip past newsletter promotionafter newsletter promotionIn the dark of the night, cellphones were alight as migrants attempted to book one of the few asylum appointments available online through an app administered by US federal authorities, called CBP One.Donald Trump, an anti-immigration hardliner, implemented the Title 42 public health rule in 2020 when the pandemic hit, but it was continued and even expanded by Joe Biden, despite campaign promises of a fairer and more humane system at the border. The policy has faced court battles and criticism from left and right.The order authorized border officials to immediately remove migrants, including people seeking asylum, overriding their normal rights. The Biden administration announced in January it was ending the declared national emergencies linked to the coronavirus spelling the end of using Title 42 to deal with immigration.Immigration advocates represented by the American Civil Liberties Union (ACLU) filed a legal challenge against the new asylum regulations on Thursday, minutes before they took effect.The groups said the Biden regulation “dramatically curtails the availability of asylum in the United States” and mirrored similar Trump-era policies blocked in court.Also on Thursday night, a federal judge in Florida blocked releases of migrants who have not yet got a date to appear in court, saying they were similar to a policy previously prohibited in March due to a failure to follow proper regulatory procedures. CBP did not respond to a request for comment.In a statement, Customs and Border Protection said it would comply with the court order, while the federal agency, echoed by Mayorkas on Friday morning, called it a “harmful ruling”.CBP said it “will result in unsafe overcrowding … and undercut our ability to efficiently process and remove migrants.”Judge Kent Weatherell blocked the releases for two weeks.Later on Friday it appeared that US authorities had taken up to 1,000 people who had been waiting to enter El Paso away for detention and processing in centers further along the border, to try to prevent a crush, CNN reported.Overcrowding fears are rising since the Florida court ruling will mean authorities having to hold many people for longer, until they have a court date. Processing under Title 42 was faster, with many quickly expelled, CNN reported.However immigration advocates worry that even the longer asylum processing in border facilities will be too hasty to be fair. More

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      ‘This was my last try’: dismay at US border as Title 42 ends and little changes

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      “My plan is to give up,” Fernando Jesús Manzano, 32, from the state of Falcón, Venezuela, said dejectedly as he gazed at the hundreds of fellow migrants waiting to turn themselves in to US migration authorities as Thursday turned into Friday and a new policy era at the US-Mexico border.Manzano arrived at “Door 42”, a gate along the border barrier in El Paso, west Texas, shortly before the expiration of Title 42, a Trump-era rule implemented during the coronavirus pandemic that allowed the US to turn away migrants at its border with Mexico without allowing them to exercise their right to seek asylum.The man was too late. US Customs and Border Protection, as well as Texas national guard soldiers, had already set up concertina wire and were heavily patrolling the area where Ciudad Juárez, Mexico, meets its twin city across the border, El Paso, by the time he arrived.The troops in camouflage, holding their rifles across their bodies in an intimidating stance, were not allowing him or any other migrants to approach the gate to request asylum.The crowd of about 500 people at this one site was neatly organized into two groups: single men in one and families in the other. Separating them were 15 portable restrooms and two large dumpsters where all of their belongings had been discarded.The US authorities expect migrants being processed at the border not to be encumbered by the small pieces of luggage many may have carried for months on dangerous overland trips from Central and South America, through Mexico to the border.“This was my last try. I’ll have to find a job in Juárez to save for a ticket back home, and return defeated,” Manzano said.Manzano, a professional barber, said that two months ago he fled Venezuela, which has been abandoned by more than 7 million of its citizens in the last eight years amid the political and economic crisis of Nicolás Maduro’s regime.He came desperately seeking better opportunities for himself, his wife and two infant children, in contrast to growing poverty in Venezuela where money, he said, was never enough no matter how hard he worked.Frustrated, he fought back tears as he recalled the two times he previously crossed the US border with Mexico in the last month without permission and was expelled back to Mexico by the authorities.The last time, he found a lawyer in the US to help him and was on his way to New York, when agents at a migration checkpoint told him the forms he had filled out were not valid.At the border more people arrived as the night progressed. On the bank of the Rio Grande 30 more people sat quietly, all hoping authorities would let them in last minute.“No pueden entrar [you can’t come in],” a Texas national guard soldier shouted across as he adjusted a coil of the concertina razor wire marking the line between the waiting people and America. At first his action prompted some to believe they would be let in, but then they all listened and sat back down.When the clock struck 10pm local time, midnight on the US east coast, the exact moment Title 42 expired, the atmosphere at the gate in the tall border barrier remained tensely silent.Only sporadically, when small vans arrived at the gate from the US side to pick up migrants who had been allowed through and take them elsewhere for processing, would migrants clap and cheer for a few seconds.But as the night progressed, the cold did too. Temperatures dropped enough for those waiting at the gate to want a second layer of clothing. The most readily available were the sweaters, jackets and blankets in the two dumpsters where migrants had discarded all of their belongings earlier in the evening.Some grabbed the items but shook them repeatedly to get rid of the thick layer of dust and debris covering them before putting them on.“They’re not letting us in, I don’t know why,” said Oscar Adrián Izaguirre Brito, 20, a mechanic from Caracas, Venezuela.Izaguirre Brito arrived at the gate thinking the end of Title 42 meant he would be able to cross to the US that night but was met with disappointment when he arrived.“I’m tired and I want to cry, I can’t keep talking,” Izaguirre Brito said.After describing himself as desperate, he explained that he was the oldest of 10 siblings and that his parents rely on him for support.He’s made multiple attempts at crossing the border, but this was the first time he had planned to turn himself in. The last time he was expelled for going across without permission, he said, was Wednesday night and then, when border patrol agents released him back into Mexico, three armed men robbed him and took his cellphone, he said. His parents still don’t know he’s in Mexico again, he added.Because he has a permit to work in Juárez, Izaguirre Brito will go back to the car repair shop he had been working at before crossing the border last week, trying to save money to buy a new phone. With it, he would be able to try to get one of the very limited appointments for an asylum interview through the US’s CBP One app.Joe Biden’s new hardline border policies, heavily criticized by immigration advocates and progressives, were starting to bite.“If I am given the opportunity, I will take it and take full advantage of it,” Izaguirre Brito said. More