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      Biden’s proposal denying asylum at border would cause ‘unnecessary suffering’, say critics

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      Biden’s proposal denying asylum at border would cause ‘unnecessary suffering’, say criticsProposal prompted comparisons to Trump’s policies to limit asylum for migrants, which Biden had pledged to reverseDemocrats and immigration advocates harshly criticized Joe Biden over a new proposal that could stop migrants claiming asylum when they arrive at the US-Mexico border. One advocate said the move would cause “unnecessary human suffering”.Biden unveils Trump-style plan to deter asylum seekers at Mexico borderRead moreThe pushback came after the Biden administration unveiled a proposal that would deny asylum to migrants who arrive without first seeking it in one of the countries they passed through.There are exceptions for children, people with medical emergencies and those facing imminent threats but if enacted the new proposal could stop tens of thousands of people claiming asylum in the US.The move prompted comparisons to Donald Trump’s attempts to limit asylum for migrants traveling through other countries, attempts repeatedly struck down by federal courts. As a presidential candidate, Biden pledged to reverse those policies.The proposal “represents a blatant embrace of hateful and illegal anti-asylum policies, which will lead to unnecessary human suffering”, said Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center.“Time after time, President Biden has broken his campaign promises to end restrictions on asylum seekers traveling through other countries,” Limón Garza said in a statement.“These are mothers, fathers, aunts, uncles and thousands of children who are simply looking for a fair chance for their case to be heard. We urge the Biden administration to abandon policy initiatives that further the inhumane and ineffective agenda of the Trump administration.”The proposed rule was posted in the Federal Register this week, with 30 days for public comment.Mary Meg McCarthy, executive director of the National Justice Immigration Center, said the brief comment period “suggests that the president already knows that this policy is a betrayal of his campaign promises”.“The Biden administration’s proposed rule violates US obligations under international and US human rights law which ensures access to protection for people fleeing persecution,” she said.“United States federal law specifically states that the right to seek asylum is not contingent on a person’s status or the way they come to the United States. Yet with this rule, the Biden administration is creating new requirements that will result in harm and death to people who need protection and must flee their homes quickly.’”Sergio Gonzales, executive director of Immigration Hub, said the proposal “flies in the face of America’s moral leadership on the protection of refugees and President Biden’s campaign promise to rebuild a fair, humane and orderly immigration system. Instead, the proposal brings back a Trump-era ban that was declared unlawful by federal courts.”The Biden administration faces the loss of a pandemic-era rule that has been used to expel migrants. That rule, Title 42, will likely go away in May when the national Covid-19 emergency is set to end.Officials from the justice department have warned that unauthorized border crossing could increase to somewhere between 11,000 and 13,000 per day, up from 8,600 daily in mid-December, if no action is taken.Republicans have hammered Biden over his handling of the border and some have pushed for impeaching Alejandro Mayorkas, the secretary of homeland security.Biden has also drawn criticism from fellow Democrats on Capitol Hill, who urged him to abandon the idea.In a joint statement, the Democratic senators Robert Menendez, Cory Booker, Ben Ray Luján and Alex Padilla said: “Last month, when the Biden administration announced it would soon be issuing a proposed rule, which in effect would function as a ‘transit ban’ on asylum seekers who don’t first apply for asylum in a transit country, we urged the administration to abandon this idea.“We are deeply disappointed that the administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation. In reality, they are pursuing a legal pathway in the United States.”Jerry Nadler, the ranking Democrat on the House judiciary committee, also criticized the proposal.“We are deeply disappointed in the Biden administration’s proposal to limit access to asylum,” he said in a joint statement with Pramila Jayapal, a Washington state Democrat and leading congressional progressive.“The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them.”Lee Gelernt, an American Civil Liberties Union attorney who challenged similar asylum restrictions under the Trump administration, said his organization would sue the Biden administration if the rule was adopted.“We successfully sued to block the Trump transit ban and will sue again if the Biden administration goes through with its plan,” he said.TopicsUS immigrationJoe BidenMexicoUS-Mexico borderUS politicsnewsReuse this content More

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      Texas national guard soldier shoots and wounds migrant at Mexico border

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      Texas national guard soldier shoots and wounds migrant at Mexico borderInjuries not life-threatening after soldier fires at migrant in the shoulder as he was attempting to detain migrant A Texas national guard soldier has shot and wounded a migrant in the shoulder along the US-Mexico border.According to Texas military records reviewed by the Military Times and the Texas Tribune, the soldier fired at the migrant on 15 January as he was attempting to detain the migrant.The shooting is believed to be the first time that a national guard member deployed to the border as part of Texas’s border security mission Operation Lone Star has shot and injured a migrant.The incident occurred west of McAllen, Texas, at around 4.20am when two national guard soldiers and border patrol agents tracked several migrants to an abandoned house.Records reviewed by the Military Times and the Texas Tribune showed that upon the two soldiers entering the house, three of the migrants surrendered. A fourth migrant tried to escape from a window and one of the soldiers attempted to apprehend the migrant.The migrant was reported to have wrestled with the soldier and struck him with his fists and elbows. At one point, the soldier drew his M17 pistol, fired once and shot the migrant.Military records reviewed by the outlets does not indicate that the migrant had fired any weapons towards the soldier. It remains unclear whether the soldier intended to fire his gun.The soldier has been identified as specialist Angel Gallegos. Gallegos shot the migrant in his left shoulder who was then transported to McAllen Medical Center for evaluation and treatment, the outlets reported. The migrant’s injuries are not life-threatening.According to a federal law enforcement source who spoke to CNN, the migrant was from El Salvador.“Customs and bBorder protection’s office of professional responsibility is reviewing the incident,” US Customs and Border Protection spokesperson Rod Kise told CNN.TopicsUS-Mexico borderUS immigrationUS militaryUS politicsTexasnewsReuse this content More

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      Trump v Biden: how different are their policies on the US-Mexico border?

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      AnalysisTrump v Biden: how different are their policies on the US-Mexico border?Alexandra Villarreal in Austin Biden’s immigration promises fall short as some of Trump’s policies remain in place – here’s what’s similar and what’s differentUnder Donald Trump, Americans were confronted with a near-constant onslaught of racist, anti-immigrant rhetoric and policy, especially regarding the US-Mexico border, as the same man who led chants about building a wall there won the 2016 presidential election and took control of the Oval Office for the next four years.Vulnerable migrants were mounting “an invasion”, Trump said. The United States’ asylum system – a key commitment to its humanitarian values – was “ridiculous” and “insane”. Immigrants of color made headlines for supposedly coming here from “shithole” countries, and Mexican immigrants were called drug dealers, criminals and rapists.US turns back growing number of undocumented people after arduous sea journeysRead moreAfter such public vitriol and humanitarian scandals, Joe Biden billed himself as the anti-Trump candidate who would restore honor and decency to the presidency, partly by building a fair and humane immigration system. One of his campaign statements noted: “Most Americans can trace their family history back to a choice – a choice to leave behind everything that was familiar in search of new opportunities and a new life. Joe Biden understands that is an irrefutable source of our strength.”Initially, Biden delivered, with a flurry of executive actions and other first steps to undo Trump’s crackdown. But when the number of people crossing into the US from Mexico without authorization swiftly increased, his more tempered tactics became a political liability, giving Republicans fuel to spin false yet convincing – to some – narratives about an “open” and mismanaged border.Soon, Biden’s top political operatives started pushing him to adopt a more hardline approach, while some of his immigration experts jumped ship, unable to stomach enforcing some of the same Trump-era practices they loathed.Amid such an ideological quagmire, a reactive, confusing and often contradictory immigration agenda has emerged from this administration. And now, new policies are being admonished by advocates – and even some serving Democrats – for seemingly plagiarizing Trump’s very own playbook, without meaningful input from Congress or organizations on the ground.So is the Biden White House simply a more politically correct Trump 2.0 on immigration at the US-Mexico border? We compare and contrast.Enforcing deterrenceMuch of both Trump and Biden’s border strategies are predicated on the notion that if the US government erects enough barriers and gets rid of enough incentives, people will stop trying to come.Thus far, that theory hasn’t really panned out – the US has continued to experience record-breaking numbers of migrants and asylum seekers at its south-west boundary, despite decades of presidents pursuing this paradigm of prevention through deterrence. But, at a border that is already hyper-politicized, hyper-policed and hyper-surveilled, the last two administrations have still largely relied on the enforcement-focused infrastructures and blueprints inherited from their predecessors.Recently, the Biden administration announced it would step up expedited removal, despite having previously rescinded Trump’s own sweeping expansion of these fast-tracked deportations. Under the practice, migrants can be swiftly repatriated without ever seeing a judge.Biden officials have also said they will be proposing a new rule to further limit asylum eligibility, a move that has incited anger among advocates who already fought similar bans under Trump.Expelled to dangerThe most infamous through-line between Trump and Biden’s approaches to people arriving at the US-Mexico border today has been both administrations’ controversial use of a health law to deny millions of migrants and would-be asylum seekers the opportunity to ask for protection, seemingly in violation of their rights domestically and internationally.Many people subjected to this policy – often referred to by its shorthand, Title 42 – have been stranded in or expelled to dangerous conditions in Mexico, or else swiftly returned to the unstable and sometimes life-threatening realities at home that many of them risked life and limb to escape. Others die trying to circumvent closed-off points of entry.The Trump administration invoked Title 42 ostensibly as a public health measure during the early days of the Covid-19 pandemic and used it to quickly expel hundreds of thousands of people – including nearly 16,000 unaccompanied children.Biden stopped applying the aggressive policy to unaccompanied kids but has continued to expel individuals and families. Many stuck in Mexico because of Title 42 have subsequently been murdered, raped or kidnapped, with more than 13,480 reports of violent attacks during Biden’s presidency alone.Although the Biden administration eventually announced it was planning to end Title 42 restrictions last year, pending litigation has kept them in place for the foreseeable future. Meanwhile, even as officials publicly argue against reliance on the policy, they have expanded its use multiple times, abruptly, to target Venezuelans and now also Nicaraguans, Haitians and Cubans.Those policy changes have been accompanied by the creation of limited legal pathways, but their eligibility requirements demand a level of financial resources and international connections that the western hemisphere’s most vulnerable, forcibly displaced people likely cannot produce.“Do not just show up at the border,” Biden warned potential migrants. “Stay where you are and apply legally from there.”Families, still separatedPart of Trump’s enduring legacy is tied to being the president who separated families at the US-Mexico border and threw “kids in cages” for days or weeks, often with little communication or information provided to keep track of them.In 2018, Trump’s zero tolerance immigration policy shook liberals and conservatives alike as they learned about terrified children being ripped from the arms of parents who were now being prosecuted. Trump was eventually forced to end these hyper-visible family separations, but he continued to advance hardline practices that adversely affected children and families seeking help at the US’s south-west boundary, whether stranding young kids in US Immigration and Customs Enforcement (Ice) custody or in hazardous Mexican border towns.Biden, by contrast, has stopped holding migrant families in Ice detention, so far. He also resumed programs that allow some from the Caribbean and Central America to reunite with family members in the US, and a task force is still trying to reconnect families separated by the Trump administration.Yet even as Biden tries to clean up Trump’s mess, de facto family separations continue. Unaccompanied children are exempt from Title 42, so some parents make the difficult choice to send their kids across the border alone, even when that means indefinite time apart.Love across the border: a couple’s 13-year quest to be reunited in the USRead moreThe bottom lineSo are Biden’s border policies turning into a copy of Trump’s?The reality is more nuanced, with a long history of bad approaches to humanitarian migration across presidents and some positive moves toward solutions from Biden, bolstered by a different rhetoric, new alternative legal pathways and attempts at more efficient processing.Yet parallels exist. Most notably, both administrations have done devastating harm to millions of forcibly displaced people, who came here looking for safety and opportunity only to become victims of a system that has left them stranded and vulnerable.And with Biden now shifting to the center and immigration looming as a liability issue in the 2024 presidential election for Democrats – most of whom get sucked into the xenophobic right-wing narrative without figuring out how to defend the benefits of the American melting pot – progressives, advocates – and millions of migrants – should brace for a tough foreseeable future.TopicsUS immigrationUS-Mexico borderUS politicsBiden administrationTrump administrationNicaraguaHondurasanalysisReuse this content More

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      Eric Adams says New York City doesn’t have ‘room’ to host more migrants

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      Eric Adams says New York City doesn’t have ‘room’ to host more migrants Mayor says city’s strained care system can’t handle influx and blames government for lack of coordination during El Paso visit In an unprecedented visit by a New York City mayor to the Mexico border, Eric Adams said his city doesn’t have enough “room” to host more migrants in its strained care system.He made his remarks on Sunday at a news conference during his trip to El Paso, Texas, the first visit of its kind by a New York mayor, after an ongoing crisis sparked by the controversial decision of some Republican governors in the south to send migrants to mostly Democratic-administered municipalities around the US.“No city deserves what is happening. This is a beautiful city,” he said of El Paso, “and what happened over the last few months undermines this city”.He echoed the same thoughts for Chicago, Los Angeles, Houston and Washington.“We don’t deserve this, migrants don’t deserve this, and the people who live in this city don’t deserve this,” he added.Since September, thousands of migrants – about 3,100 according to Adams’s estimate – have been bused to New York City from Texas by the Republican governor, Greg Abbott, without New York’s agreement. Many of the migrants have been sent involuntarily and often with no direction on where to go after arriving.The city has housed them in homeless shelters, which were already overcrowded, not to mention often avoided by homeless people themselves due to the shelter system’s record of abuse and violence.He said more than 800 migrants came in a single day. “That is a record in our city,” he said.Adams blamed a lack of coordination from the federal government and said he will be raising the issue in the United States Conference of Mayors, which starts on Tuesday.“This crisis has mayors pitted against each other. And that can’t happen,” he said.He also suggested that the image of New York being a welcoming city for migrants is misleadingly glamorized.“We have to give people accurate information,” he said, adding that those with sponsors and family members are welcome.“We welcome those the city doesn’t have to have in their care system,” he added. “But that should not come at the price tag of those New Yorkers.”A video shared by Adams’s press secretary, Fabien Levy, shows the mayor speaking with a man in a border patrol uniform who is seen trying to explain to him how some people use ladders to cross the border wall.In another video, Adams tells a group of asylum seekers that he will “fight” for them to work so that they can “experience the American dream”. His message, once translated, sparked cheers and applause from the group of asylum seekers.Outside Sacred Heart Church, asylum seekers overwhelmingly raise their hands to tell @NYCMayor they want to work.Mayor Adams has been calling on the federal government to expedite work authorization for asylum seekers since last year. pic.twitter.com/K4aFYgW8n3— Fabien Levy (@Fabien_Levy) January 15, 2023
      It is unclear where he believes asylum seekers should be placed after arriving in the US. As of publication time the mayor’s office had not yet responded to a request for clarification.TopicsUS-Mexico borderUS immigrationNew YorkEric AdamsUS politicsnewsReuse this content More

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      Biden visits border for first time as critics condemn his migrant crackdown

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      Biden visits border for first time as critics condemn his migrant crackdown President makes brief stop in El Paso, ground zero for the consequences of US system that he acknowledges is deeply brokenPresident Joe Biden on Sunday landed in Texas to visit the US-Mexico border for the first time in his nearly two years as commander-in-chief, even as lawmakers and immigrant rights advocates have widely condemned his administration’s latest hardline response to the deepening humanitarian emergency there.Biden – who is due in Mexico City this week for an international summit – made a brief pit stop in El Paso, a recent ground zero for the consequences of a US immigration system that he has readily acknowledged is deeply broken.Biden’s ‘carrot and stick’ approach to deter migrants met with angerRead moreThe reliably blue border city in blood red Texas has been struggling for months to triage thousands of stranded migrants and asylum seekers, many of whom have had little choice but to sleep on the streets in cold, rain, and squalor.Biden greeted local politicians at the airport, including Texas’s hardline Republican governor Greg Abbott, who has courted controversy with his stringent border policies, including bussing migrants to Democratic cities in the north-east. Abbott handed Biden a letter that read in part: “Your visit to our southern border with Mexico today is $20bn too little and two years too late.”Biden then later traveled to the Bridge of the Americas border crossing, where northbound cars lined up to cross into El Paso from Juárez, Mexico. Wearing a suit and his trademark sunglasses, Biden chatted to local law enforcement officers and watched demonstrations of bordering policing, including by a canine unit searching a car for contrabrand food items as well as other techniques for finding drugs or helping migrants in medical distress. The meetings took place with no press present aside from those watching at a distance.Biden’s first trip to the US-Mexico border since ascending to the nation’s highest office follows a record-breaking fiscal year of roughly 2.4 million migrant encounters there, amid a new normal of mass forced displacement because of regional instability, growing wealth disparities, climate disaster, and targeted persecution in various countries throughout the hemisphere.It also comes mere days after the administration announced new changes to federal migration-related policies, which engendered immediate and intense backlash from pro-immigrant organizations and progressive members of Biden’s own party.“For once, just once, I’d like to see this administration make the moral argument to the rest of the country that we need to put in place an effective, humane, accessible, welcoming, and compassionate system of protection at the border,” said Dylan Corbett, executive director of El Paso’s Hope Border Institute.Instead, Corbett excoriated the administration’s new approach as an entrenchment of “dangerous, ineffective, and inhumane policy” and equated the strategy to “a broken promise”.These latest policy developments, announced Thursday, include an even more severe crackdown at the US-Mexico border through the increased use of expedited removal, where migrants are rapidly deported without ever seeing a judge.They also expand a highly criticized Trump-era practice that allows border authorities to quickly expel migrants and would-be asylum seekers back to Mexico or elsewhere, without even the chance to ask for asylum.This controversial measure – which began amid the pandemic as an invocation of public health law but has warped into a cynical immigration tool – will now be deployed to target Nicaraguans, Haitians and Cubans for expulsion to Mexico, after a similar move against Venezuelans in October was followed by a significant drop in the number of people from that country arriving at the US-Mexico border.The Biden administration coupled these heightened deterrence mechanisms, in part, with an announcement of more legal pathways for at least temporary admittance to the US for a limited number of Cubans, Nicaraguans, Haitians and Venezuelans who can afford to bankroll their own commercial travel, own an unexpired passport, and have someone stateside who is willing to sponsor their application, alongside other requirements.Homeland security secretary Alejandro Mayorkas defended the administration’s recent moves to reporters traveling with Biden. “What we’re trying to do is broadly incentivize, safe and orderly way, and cut out the smuggling organizations. So what what we’re trying to have is to incentivize them to come to the ports of entry instead of in between the points of entry,” he said.But critics have pointed out that few of the most vulnerable forcibly displaced people within the hemisphere can actually furnish the wealth, resources and connections to meet such narrow criteria.Detractors also expressed alarm and disdain over news that the Biden administration would be advancing a new rule to further restrict asylum eligibility, drawing comparisons between the Democratic president and his right-wing predecessor.“This week’s policy announcements are completely out of touch with the actual circumstances of people seeking asylum, many of whom arrive at our border fleeing imminent threats to their lives,” said Melissa Crow, director of litigation at the Center for Gender and Refugee Studies.“It has been deeply disturbing to hear the president affirm that seeking asylum is legal, pledge to create a safe and humane process at the border, and then turn around and announce policies that further undermine access to the US asylum process.”The implications of Biden’s border strategies to date have already been deeply felt in El Paso, where vulnerable Venezuelans and other nationalities scared of being expelled back to Mexico have started evading U.S. authorities and been consequently denied access to some of the city’s shelters.Huge crowds of migrants have been languishing on the streets in downtown El Paso and outside of the city’s Sacred Heart Church for weeks. Desperate mothers have had to worry about their babies potentially freezing to death when temperatures drop.Some of these people have felt stranded, afraid that if they try to leave the city they’ll run into immigration enforcement at a checkpoint and end up detained or expelled. Others never even had the chance to take that risk, after immigration officials rounded up and detained scores of them in the last few days.In chaotic footage obtained by NBC News, local police and border agents inundated the streets around Sacred Heart Church’s shelter Tuesday night, sirens blazing, as they apprehended what a witness estimated to be between 100 and 150 people.Experts warned the operation – so close to a place of worship – may have in fact violated the Department of Homeland Security’s own guidance, NBC News reported.A similar action in the city’s downtown cleared out migrants who had been staying near a local bus terminal on Wednesday night, according to media organization El Paso Matters.“The cynic in me contemplates the possibility that this was a cleanup action intended to showcase El Paso in a particular light and the president’s enforcement actions in a particular light,” Lisa Graybill, vice president of law and policy at the National Immigration Law Center, told NBC News.Yet for Isabel Salcido, a city representative for El Paso, Biden’s trip was more about him finally bearing witness.“This crisis is not going away,” Salcido said. “We desperately need the help and leadership of Congress and the White House.”TopicsUS-Mexico borderUS immigrationUS politicsnewsReuse this content More

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      Biden finally heads to border as critics condemn his migrant crackdown

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      Biden finally heads to border as critics condemn his migrant crackdown Advocates attack president’s failure to uphold campaign pledges ahead of first visit to southern border since he took officeUnder pressure to address a surge of migrants at the US-Mexico border, Joe Biden announced a far-reaching crackdown on migrants seeking asylum last week, expanding the use of a controversial public health measure known as Title 42 to restrict people from Cuba, Nicaragua, Haiti and Venezuela from illegally entering the US, while offering those legally seeking relief a new pathway to America.Before the president’s first trip to the US-Mexico border since he took office in 2020, immigration advocates condemned the Biden administration’s decision to expand Title 42 as disheartening and a failure to uphold his campaign promises. They took some solace in the creation of a legal pathway to asylum for those in four countries, but still, for them, Biden’s actions were not enough – they leave out other migrants, and the parole program is beset by requirements that impose significant barriers to migrants without access to resources, perpetuating inequities within the US immigration system.In other words, immigration advocates say, the cost of expanded expulsion of migrants under the guise of public health without a clear path to asylum outweighs the promise of expanded refugee access and a legal outlet for asylum. “For a lot of us working in immigration justice, at the start of the administration, there was incredible hope that Title 42 would end and push forward to re-establish access to asylum,” the director of the American Immigration Council’s Immigration Justice Campaign, Alex Miller, said. “We’ve been disappointed.”The Biden administration’s so-called “carrot and stick” approach aims to deter the historic-high millions of migrants fleeing persecution from their home countries and seeking US asylum from entering the country illegally. Federal figures from the 2022 fiscal year show that US border agents stopped migrants more than 2m times along the southern border, setting an all-time record. They turned migrants away under the Title 42 provision more than 1m times.“The problem is the carrot is not universally accessible,” Miller added. “Legal access to asylum will be limited to those who are the right nationalities, have the right means and support, to apply for parole … The sticks they are offering are restricting access, and that’s not a fair trade.”Under the Biden administration’s new policy, if migrants from those countries pass background checks, buy a plane ticket, obtain financial sponsorship, and meet other requirements, they would be allowed to legally enter under the “parole program”. They would be authorized to live and work in the US for two years.But immigration advocates worry about the Department of Homeland Security’s proposed rule – which they say is similar to the Donald Trump White House’s “transit ban” – because it would make migrants seeking asylum ineligible if they failed to seek protection in a third country before reaching the US and if they “circumvent available, established pathways to lawful migration,” as homeland security secretary Alejandro Mayorkas said last week.They also worried that the parole program’s requirements – modeled after the administration’s approach to refugees fleeing Afghanistan, Venezuela, and Ukraine – impose barriers to migrants who lack the resources to buy flights and find a financial sponsor.On Twitter, United We Dream, an immigrant youth-led rights group, slammed Biden’s new policy “a racist and classist attack” on migrants. United We Dream’s deputy director of federal advocacy, Juliana Macedo do Nascimento, said in a statement that the Biden administration’s expansion of Title 42 would hurt “the same people seeking asylum that they purport to protect”.The American Civil Liberties Union’s director of border strategies, Jonathan Blazer, said in a statement that the Biden administration’s “knee-jerk expansion of Title 42 will put more lives in grave danger”, adding that his plan “ties his administration to the poisonous anti-immigrant policies of the Trump era instead of restoring fair access to asylum protections”.“His commitments to people seeking safety will ring utterly hollow if he moves forward in substituting one illegal anti-asylum Trump policy for another,” Blazer said.Miller told the Guardian that the administration’s new proposals include allowing asylum seekers to use an app in English and Spanish to schedule appointments. That, the administration argues, will reduce “wait times and crowds at the US port of entry and allow for safe, orderly, and humane processing”. Miller said that effort makes the legal asylum seeking process harder for migrants who lack technological access and speak indigenous dialects beyond Spanish as well as for those who cannot obtain legal representation to help them navigate the process.Biden has said that Congress needs to enact a more comprehensive immigration reform. In the interim, the administration’s new parole process, which he described as “safe, orderly” and humane, would “make things better but will not fix the border problem completely”.The National Immigration Law Center’s vice-president of law and policy, Lisa Graybill, told the Guardian that while the administration’s creation of the asylum that gives 30,000 people access is better than nothing, its overall approach reflects seeing immigration enforcement and creating outlets for asylum as a “zero-sum game”. It’s a mistake presidents and politicians have made before, she said.She added that Biden had been “following an old playbook that does not work” by allocating resources toward enforcement rather than creating a “humane and orderly processing system that is built around recognizing the right to asylum instead of violating it”. Instead, the parole program as designed, she said, will hurt impoverished migrants and those who fled their countries in haste without meeting all requirements, acting as barriers to even those who have legitimate asylum claims while helping middle and higher income migrants with access to resources.The chief adviser for policy and partnerships at the American Immigration Lawyers Association, Angela Kelley, said that Biden’s creation of the parole program was “smart” and reflected an attempt to use the “tools in his toolbox and use them in more creative ways”. She pointed out that the Biden administration aimed to triple the number of refugees resettled seeking asylum from Latin American and Caribbean countries. Yet, she added, the outdated US immigration laws have not kept up with who qualifies for asylum, such as those fleeing the damaging effects of climate change.“That’s the difference maker: under Trump, it was all about kicking out people – they were systematic in dismantling the refugee program, legal immigration channels of people coming for employment for families, for students. That’s not the approach of the Biden administration,” Kelley said, noting that it will take time to see the effects Biden’s actions will take on the migration system. “They’re restoring all of that. The unfortunate continued reliance on Title 42 is a monkey on their back that they have to figure out how to shake and use the resources you have … to try [to] manage the migration of people the best you can.”Title 42’s future is uncertain as the US supreme court in December stopped Biden’s administration from ending the program to give the justices more time to weigh in on whether states have the legal grounds to intervene in an ongoing case over the program.Kelley, who had previously done immigration work for Biden and the Barack Obama White House, saw the expansion of its Title 42 program as “worrisome” for vulnerable migrants who would be sent back to dangerous conditions in Mexico. She noted that by creating legal pathways to asylum, the administration is trying to “to ease the pressures” at the US border in the hope that they wouldn’t need the pandemic program any longer.“What is heartbreaking is that in an effort to limit the number of people who are coming, you are turning away asylum seekers, who are the migrants you want to protect,” Kelley said.Immigration advocates and Biden agree that long-term changes needed to come from Congress – a questionable prospect given that the Republican-controlled House struggled to elect its speaker, and past bipartisan efforts at immigration reform had also failed.Even so, some advocates say now it’s a question of where resources are sent: They called for more resources to be directed toward assisting nonprofits and NGO groups working with asylum seekers at the border, hiring more asylum officers and more immigration judges, and investing in more legal assistance for migrants unable to afford private attorneys.“For three years under Title 42, access to asylum has been undermined,” Miller said. “All of the documented evidence of kidnapping, rape, and extortion of migrants in Mexico, in particular at the border – it’s incredibly troubling that we’re expanding the expulsions of migrants to Mexico.“These are not just numbers, these are people with individual stories with their own lives they’re trying to defend. It’s really easy to get lost in the big picture. We’re talking about people here.”TopicsUS immigrationUS politicsUS-Mexico borderVenezuelaHaitiCubaNicaraguanewsReuse this content More

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      ‘A storm is coming’: migrants stuck on US-Mexico border as temperatures plummet

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      ‘A storm is coming’: migrants stuck on US-Mexico border as temperatures plummet Trump’s pandemic-era immigration restrictions lock migrants on both sides of the border in perilous situationsChristmas was not uppermost in their minds. Bitter cold, uncertainty and urgency were.Just after 1am at an intersection in downtown El Paso on Thursday, Arturo folded a backpack to make a pillow on the street. The 22-year-old Venezuelan wore a sweater underneath an oversized hoodie wrapped around his face as the temperature plummeted.‘No money, nowhere to stay’: asylum seekers wait as Trump’s border restrictions drag onRead moreA fellow countryman huddling on the concrete nearby broke the news: “Se viene una tormenta” – a storm is coming. Hundreds stuck on both sides of the US-Mexico border are being blown every which way by a legal tempest, but this was a literal, Arctic-level storm.‘Once in a generation’ freeze for Christmas as bomb cyclone hits USRead moreArturo, who asked for his last name to be withheld out of fear of being expelled back across the border, looked up at the lights of one of the tallest buildings in this Texas city, a hotel that he couldn’t afford, and spoke of wishing for a warm bed.What little he had left after a long and dangerous overland journey, which included being robbed, he was planning to spend to get to Chicago, where compatriots have promised him a construction job, he said. The work will allow him to send money back to his home town of Yaracuy in western Venezuela, a nation barely functioning for many of its citizens. The money would go to his nine-month-old daughter who was born with respiratory issues.“Each medical exam was $30 and the medicine was around $25. I was making between $15 and $25 a week,” Arturo said, while showing a photograph of his daughter on his phone. “That’s why five days after my wedding, I decided to leave.”City authorities in El Paso have been unable to shelter many sleeping rough on the streets or at the bus station in recent days after crossing the border unlawfully amid US restrictions and crises in their home countries.Eight miles away from where Arturo was shivering, Samuel Zelaya stretched a thin blanket on the floor inside El Paso’s airport.The 32-year-old from Nicaragua said he would also have been sleeping outside if it wasn’t for another migrant who told him he could spend the night at the airport. This was the fourth night in a row and the American Red Cross was giving out some food and clothing.“It’s hard when a son tells you ‘Dad, I’m starving’ and you don’t have money, that’s why I am here,” Zelaya said softly, trying not to awaken an Ecuadorian migrant sleeping on the floor nearby.After quitting his job as a cook in the Nicaraguan capital Managua, Zelaya dared a brutal 16-day trek across Honduras, El Salvador, Guatemala and Mexico. In Juarez, the Mexican sister city to El Paso, he and other migrants had to burn their own clothes and old car tires found in the streets to stay warm, before crossing into the US.More than 800 miles away, at the eastern end of the border, where the Mexican city of Matamoros sits across the international line from Brownsville, Texas, there was a different scene.Around 3,000 people fleeing chaos, hardship and danger, mainly in Venezuela or tumultuous Haiti, have formed the kind of makeshift camp near the international bridge that some border cities have become all too accustomed to.Many face a catch-22. Try to get your name on a list asking to bypass the border restriction known as Title 42 and claim asylum in the US – but probably be unsuccessful – or avoid barriers and closed border posts, cross unlawfully and turn yourself in to federal border agents, claim asylum and probably be expelled anyway. Either way, you end up stuck and at risk in Matamoros.Arizona governor builds border wall of shipping crates in final days of officeRead moreHundreds on Wednesday formed a line to put their details onto a list arranged by Felicia Rangel-Samponaro, a co-director of the Sidewalk School, a small organization that helps people in what she refers to as refugee camps there and in Reynosa a little to the west.She submits lists to border agents, who decide which few will be granted exemption from Title 42, can apply for asylum in the US and join the unprecedented 2 million-strong backlog of people waiting for a date in immigration court.Joe Biden pledged to end the use of Title 42, Republicans have sued to keep it in place and federal courts have gone back and forth. The rule was imposed in 2020 by Donald Trump to curb Covid-19, but critics say it soon became, and remains, just another anti-immigration tool.“You have to keep in mind the exemption process may end, but all this still serves a purpose,” Rangel-Samponaro said, indicating her list, as people thronged to add their names, while volunteers locked arms and formed a human perimeter to the process, to try to keep it orderly.“We are tired of waiting,” Marielysa Rodriguez, a 25-year-old mother of twofrom Venezuela, said on Wednesday. “Everything is a list.”Rodriguez, her husband and two young children had gotten themselves on the list to be considered for exemption, but had yet to receive further news. On Wednesday she considered the other option in Matamoros a Hobson’s choice.She approached the river, the Rio Grande that flows sometimes shallow and safe, sometimes deeper, fast and deadly between Texas and Mexico.“My husband is around. That’s why I haven’t crossed yet,” Rodriguez said, looking about her for him. On the riverbank, dozens of families and individuals were jumping into the water, struggling across and turning themselves in to US border agents.Nearly a hundred people from the camp were watching, some even climbed trees for a better view of the crossings, to see how things went for people.A man broke through the crowd on crutches. He took off a red sweatshirt and walked into the river wearing his prosthetic leg. He floundered, grabbed onto an inflatable mattress and made it to the other side.Aryelis, a 39-year-old, who allowed just her first name to be used, said disapprovingly of those plunging into the river: “I think they’re violating the rules of the United States.”She read about the US abruptly applying Title 42 restrictions to Venezuelans in October.But some parents grow desperate.“In the end, they don’t tell us if we’re crossing the border or not. If they [advocates or officials] talk to us clearly and tell us: ‘You’re going to cross,’ we’d wait,” Rodriguez said.She added: “We’re wasting time. The new year is coming and my children have a cold. They’ve gotten fever, diarrhea. They’ve picked up all kinds of illnesses during the journey.”Jose Baldayo, 24, also from Venezuela, and his wife, Iris Diaz Herrera, 25, their four-year-old twins and another daughter arrived in Matamoros about a month ago. As they joined the long line to sign the list, things got rowdy.“The disorder is the result of the desperation of families who think they won’t be able to get on the list,” Diaz said.The family lives day by day and Christmas was not on their minds, she said.“Taking a shower, eating, everything becomes a challenge. It becomes a goal for the day to be able to cook something,” Diaz said.Both El Paso and Matamoros authorities were talking this week of opening temporary shelters for warmth in the cold snap.Back at El Paso airport, Zelaya said that unlike so many other nationalities, he’d been released and allowed to head to his final American destination and check in with immigration officials there. And thanks to a donation from a Nicaraguan friend in the US, Zelaya planned to fly to New York on Saturday. He did think about Christmas, then, a bittersweet one.“My first Christmas without my family,” he said, burying his face in his hands. “I won’t have my daughter and my wife to give me a hug.”TopicsUS-Mexico borderTexasUS immigrationUS politicsMexicofeaturesReuse this content More

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      Arizona to remove wall of shipping containers on Mexico border

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      Arizona to remove wall of shipping containers on Mexico borderState to dismantle wall following lawsuit filed by US government alleging it was illegally built on federal lands Arizona will remove a wall of shipping containers along the state’s 370-mile border with Mexico following a lawsuit filed by the US government against the state that claimed that the makeshift wall is being illegally built on federal lands.Arizona governor builds border wall of shipping crates in final days of officeRead moreAccording to an agreement reached late Wednesday between federal and state authorities, Arizona will dismantle the wall, along with all related equipment by the beginning of next year.“By January 4, 2023, to the extent feasible and so as not to cause damage to United States’ lands, properties, and natural resources, Arizona will remove all previously installed shipping containers and associated equipment, materials, vehicles,” said the agreement.In August, Arizona’s Republican governor, Doug Ducey, signed an executive order that directed a state agency to close the gaps in the border, saying: “Arizona has had enough … The Biden administration’s lack of urgency on border security is a dereliction of duty.”“Our border communities are being used as the entryway to the United States, overwhelming law enforcement, hospitals, nonprofits and residents. It’s our responsibility to protect our citizens and law enforcement from this unprecedented crisis,” he added.Wednesday’s agreement comes two weeks before Arizona’s Democratic governor-elect, Katie Hobbs, is scheduled to take office. Hobbs has criticized the wall’s construction, saying: “I am very concerned about the liability to the state of Arizona for those shipping containers that they’re putting on federal land. There’s pictures of people climbing on top of them. I think that’s a huge liability and risk.”‘No money, nowhere to stay’: asylum seekers wait as Trump’s border restrictions drag onRead moreLast week, the federal government filed a lawsuit against Ducey and the rest of the state, requesting for the removal of the containers in remote San Rafael valley in the state’s easternmost Cochise county.“Officials from Reclamation and the Forest Service have notified Arizona that it is trespassing on federal lands,” said the complaint, adding, “This action also seeks damages for Arizona’s trespasses, to compensate the United States for any actions it needs to take to undo Arizona’s actions and to remediate – to the extent possible – any injuries to the United States’ properties and interests.”The complaint, filed by the justice department on behalf of the Bureau of Reclamation, Department of Agriculture and the Forest Services, went on to cite the federal government’s operational and environmental concerns towards the makeshift wall. The $95m project of placing up to 3,000 containers along the border is approximately a third complete.The US agriculture secretary, Tom Vilsack, criticized the project, saying that it “is not an effective barrier, it poses safety hazards to both the public and those working in the area and has significantly damaged public land”.“We need serious solutions at our border, with input from local leaders and communities. Stacking shipping containers is not a productive solution,” he added.In a statement released on Thursday and reported by CNN, Ducey spokesperson CJ Karamargin said: “Finally, after the situation on our border has turned into a full blown crisis, they’ve decided to act. Better late than never. We’re working with the federal government to ensure they can begin construction of this barrier with the urgency this problem demands.”TopicsArizonaUS-Mexico borderUS immigrationUS domestic policyUS politicsBiden administrationRepublicansnewsReuse this content More