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US-Mexico borderHaiti deportations justified because of Covid, Biden homeland secretary says
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‘They treated us like animals’: deported Haitians despair
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Julian Castro‘Treated like animals’: Julián Castro condemns Biden over humanitarian crisis at US borderDemocrat says denying rights of Haitian people to claim asylum contradicts Biden’s promises to reverse ‘Trump’s cruelty’ Ed Pilkington in New York@ More
OpinionUS politicsMen on horses chasing Black asylum seekers? Sadly, America has seen it beforeMoustafa BayoumiThe Biden administration has condemned abuses at the border – while maintaining the policies underlying these abuses. That’s beyond cynical Thu 23 Sep 2021 06.22 EDTLast modified on Thu 23 Sep 2021 06.23 EDTYou’ve probably seen a photograph haunting the internet this week: a white-presenting man on horseback – uniformed, armed and sneering – is grabbing a shoeless Black man by the neck of his T-shirt. The Black man’s face bears an unmistakable look of horror. He struggles to remain upright while clinging dearly to some bags of food in his hands. Between the men, a long rein from the horse’s bridle arches menacingly in the air like a whip. The photograph was taken just a few days ago in Texas, but the tableau looks like something out of antebellum America.The image is profoundly upsetting, not just for what it portrays but for the history it evokes. What’s happening at the border right now puts two of our founding national myths – that we’re a land of liberty and a nation of immigrants – under scrutiny. To put it plainly, we don’t fare well under inspection.First, the current situation. This now iconic photo by photojournalist Paul Ratje was taken at a makeshift camp that has sprung up at the US-Mexico border at Del Rio, Texas. Over the past week or two, thousands of people, mostly Haitian, have crossed from the Mexican side of the Rio Grande to the US seeking asylum. It’s important to note that they didn’t come illegally; it is perfectly legal to arrive at a border point of entry and request asylum. But conditions in the camp, according to reports, have become fetid and nearly unlivable, forcing asylum seekers to trek back and forth across the river to buy food and supplies from the Mexican side.Then the men on horses showed up.In video broadcast by Al Jazeera, mounted border patrol agents can clearly be seen threatening, insulting and even lashing at the asylum seekers with their horses’ reins, growling at them to stay in Mexico. The images, which sparked justifiable outrage, quickly spread – as did rightwing defenses of the agents. Fox News, for example, was quick to point out that border patrol agents are not issued whips with their gear. But you don’t have to believe in alchemy to see that when a horse’s rein is used as whip, it becomes a whip.The Biden administration has ended use of the phrase ‘illegal alien’. It’s about time | Moustafa BayoumiRead moreChains, whips, horses, bloodhounds, branding irons: these were some of the tools used during New World slavery to preserve white hegemony. Most Americans know this, and I hold on to the hope that no one wants to return to such brutality. Every part of that miserable system was degrading. It was degrading to the enslaved, most obviously, and even, I would argue, to slaveholders, who surely lost more of their humanity each day that that monstrous system survived.In fact, New World slavery wasn’t just degrading. It was collective lunacy, often involving animals. Slaveholders and slave catchers – yes, that was a real profession – trained dogs to attack Black people, and then deliberately interpreted the attacks as proof that even dogs recognized Black inferiority.And those slave catchers? After Mexico formally abolished slavery in 1829, American slave catchers would routinely cross into Mexico – without authorization, it must be said – in search of runaway slaves from the US. In 1858, the Texas legislature even passed a law offering anyone returning an enslaved person “who may have escaped beyond the limits of the slave territory of the United States” a third of “the value of such slave”, with the government treasury paying the money. A noticeable uptick of kidnappings of people of African descent in Mexico followed. Needless to say, Mexico was not pleased.So history easily illustrates the US’s border hypocrisy. Yet the larger point is that every national border has always been a place that offers those who pass through one of two options: sanctuary or terror. The images emerging from Del Rio, explicitly recalling the collective shame of our past, are clearly pointing in the wrong direction. This might explain why the White House, which has executive authority over the border patrol, rushed to condemn the pictures.Asked about the footage, the White House press secretary, Jen Psaki, responded, “I don’t think anyone seeing that footage would think it was acceptable or appropriate.” Vice-President Kamala Harris said, “Human beings should never be treated that way.” The Department of Homeland Security has promised an investigation with “appropriate disciplinary actions”.But is this just image control? At the same time that it condemns the actions of its own law enforcement agency, the Biden administration has refused media access to the camp at Del Rio, invoked a Trump-era order (the rarely used public health law known as Title 42) to expel asylum seekers without review, and forcibly deported hundreds of Haitians in Texas – many of whom left the country more than a decade ago, after its 2010 earthquake – back to a country that is not only reeling from a massive earthquake last August but also from a political earthquake, the assassination of its president, last July.Without review, it’s impossible to know who is facing real threats of persecution when returned to Haiti. The United Nations human rights spokesperson, Marta Hurtado, said that the UN “is seriously concerned by the fact that it appears there have not been any individual assessments of the cases”. Why does the Biden administration not share her concern?One has to wonder if the same policies expelling Haitians from the US today would be in effect if those arriving at the border were Europeans or even Cubans. If history is any guide – for decades, the US privileged Cubans over Haitians and other Caribbean peoples in immigration matters – the answer is no.It’s one thing for the Biden administration to condemn abuses conducted by its own government that recall the worst parts of our national history. But it’s quite another to do so while maintaining the policies that enable those abuses. That’s not just cynical. It’s despicable.
Moustafa Bayoumi is the author of How Does It Feel to Be a Problem?: Being Young and Arab in America
TopicsUS politicsOpinionUS-Mexico borderUS immigrationBiden administrationcommentReuse this content More
The sun beat down on the 30ft border fence that separates El Paso, Texas from Ciudad Juárez, Mexico, as temperatures headed towards 100F on the southern border that stands as a symbol for so much in American politics.The heat was also on for Vice-President Kamala Harris, who was making her first trip to the border since being tasked with immigration policy by Joe Biden more than three months ago.It is not an easy job. She was handed one of the toughest issues in American politics and one that has plagued successive American presidents for several decades, no matter what political party was occupying the White House.Criticism for Harris came from both sides of the political aisle for the length of time it took her to make the trip on Friday. More attacks came from Donald Trump, who had accepted an offer from Texas’ rightwing governor Greg Abbott to tour the border ahead of an attempt by Republican-run Texas to fund the completion of a border wall. “If Governor Abbott and I weren’t going there next week, she would have never gone!” Trump said.But Trump’s criticism of Harris was hardly the only voice raised against her as she seeks to come to grips with immigration and border security. She was also criticized by immigration activists and many on the left of the Democratic party for the message she delivered during an early June visit to Guatemala.“Do not come. Do not come,” she said. “I believe if you come to our border, you will be turned back.”The blunt message was ill-received by those who pointed out that Harris’ parents were also immigrants.“[Her comments] reinforced the years of attacks on the rights of refugees and asylum seekers by the previous administration,” said Dylan Corbett, the director of a local non-profit organization that focuses on immigration policies and aiding migrants in El Paso and Ciudad Juárez. “The message should be: ‘How can we, together, build a future where your children don’t have to migrate?’”After touring a border patrol facility to kick off her visit, Harris made an unannounced stop at the Paso Del Norte port of entry, a busy international bridge that connects the downtown centers of El Paso and Ciudad Juárez.While there, she met with five girls detained at the bridge’s processing center, aged between nine and 16 and all from Central America. The meeting was closed to the press, but her office described the meeting as positive, with the girls calling Harris an inspiration and drawing photos for her.Approximately 1,600 children just like those girls are being housed in shelters at the US army’s Fort Bliss in El Paso, according to US media, where there are lengthy stays, poor conditions and infrequent meetings with lawyers.But a visit to the controversial shelter on Fort Bliss was not part of the vice-president’s visit, despite the announcement of an investigation of the housing for migrant children.Across the street from her meeting with the girls, a small group of immigration advocates chanted from the corner, “Si, se puede!” after Harris left. She headed back to the airport, where she met with the leaders of immigrants rights organizations. The focus of their discussion was reported as the root causes and drivers of immigration to the United States.Behind the talk, though, is a brutal reality.The trip from Central America for many immigrants is long and potentially lethal, especially for children. There are deaths from heat stroke as migrants trek through triple-digit desert heat, or fall from the 30ft high border wall already in place in high-traffic areas along the international line.Migrants who survive that fall are just a few of the people who are taken to a local non-profit organization, Annunciation House, which operates as a network of shelters, helping to connect migrants with family in the States and legal representation for asylum cases.The injuries range from fractured ankles to head injuries that have left a woman quadriplegic, according to the director of Annunciation House, Ruben Garcia.“We have such little appreciation for what they’re risking to be safe, to put food on the table,” Garcia said. “These people aren’t coming here because they want to put jacuzzis in their houses.”Nor is getting to the border, or even across it, the end of the story. Should migrants survive the trip from their home countries, through Mexico and across the border into the US, in most cases, they are not currently allowed to stay in the US, even when seeking asylum.Nearly 100,000 migrants have been expelled from El Paso, Texas, into Ciudad Juárez, Mexico, since October, according to data provided by the border patrol. The expulsions are still taking place under a policy known as Title 42, implemented by the Trump administration. Thus far, Title 42 has been kept in place by the Biden administration despite outcry from immigration organizations.“The expulsions under Title 42 are still rampant,” Garcia said.The policy falls under the umbrella of public health and was implemented as a response to Covid-19. “We all know it had nothing to do with the pandemic, it had to do with immigration control,” Garcia said. “I tell people: Donald Trump did get his wall. It’s called Title 42.”There was little sign Harris planned to end that. Nor is there much doubt that the debate over immigration and the border in the US will remain toxic after a Trump era when many Republicans – including the former president – made openly racist statements about immigrants.“In the United States, there is an incredibly significant population that doesn’t want you, they speak extremely derogatorily about you,” said Garcia. “They wouldn’t care if you die on the way, they wouldn’t care if you fell off the wall and broke your back.”Harris sought to draw a little of that poison on her trip. “Let’s not lose sight that we’re talking about human beings,” she said.After meeting with Harris, Linda Rivas, the executive director of Las Americas, a non-profit organization that provides legal representation during immigration processes, said she was grateful to share the stories of her clients with the vice-president but also called for more action. “The Biden-Harris administration must improve the asylum process and end the cruel border policies that ripped families apart,” Rivas said.But as the policy debate continues and Harris mulls her next steps, the heat is unlikely to relent – either in US politics or at the sweltering border itself.In a statement last week, US Customs and Border Protection described crossing the border in the desert in the summer. “The terrain along the border is extreme, the summer heat is severe, and the miles of desert migrants must hike after crossing the border in many areas are unforgiving,” it said.At the moment, not much looks likely to change that. 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Kamala Harris described the situation as “tough” at the US-Mexico border where migrants are being held in detention and routinely expelled before their pleas for sanctuary can be heard, as on Friday she made her first visit there as vice-president.In El Paso, west Texas, she met with five girls, aged between nine and 16, who had been held at a Customs and Border Protection processing center after crossing the border.She then visited the border itself at the nearby Paso del Norte port of entry, across from the Mexican city of Juárez, where there are frequently scenes of misery and chaos as people huddle in peril there and at other points along the border, waiting for a chance to be allowed to make a legal case to be in the US.“We inherited a tough situation,” Harris said during a meeting with faith-based organizations, as well as shelter and legal service providers.She added: “In five months we’ve made progress, but there’s still more work to be done.”She is tasked with addressing causes of migration, particularly from Central America, which range from violence, poverty and corruption to climate change.“The stories that I heard today reinforce the nature of those root causes,” she said.Meanwhile, the Biden administration is looking into conditions for migrant children at the Fort Bliss army base in El Paso, it was announced during Harris’s journey to the border, amid testimonials presented in court that conditions are desperate.Symone Sanders, Harris’s spokeswoman, told reporters aboard Air Force Two en route that Joe Biden and Harris “have instructed [homeland security secretary Xavier] Becerra to do a thorough investigation” of the conditions where children are being held in tents at the military facility.“The administration is taking this very seriously. Extremely seriously,” Sanders said.However, a White House spokesman later sent a statement that conditions at Fort Bliss had improved and that: “HHS [the health and human services department] has already been looking into [the] facility on their own. At no time did The White House recommend a probe of the facility.”Harris faced the most politically challenging moment of her vice-presidency during her visit, as part of her role leading the Biden administration’s response to recent increases in families and unaccompanied children migrating across the US-Mexico border.Harris was asked by a reporter why “right now was the right time” to make her first trip to the border.She replied that it was not her first trip, although it is her first trip as vice-president and since Joe Biden put her in charge of solving immigration and migration problems.After taking questions, Harris was briefed by border patrol on the agency’s efforts to computerize records to speed up processing of migrants’ legal cases. Many are seeking asylum from human rights violations, and children, in particular, aim to reunite with family members already in the US while their cases are dealt with.Harris did not visit the secure facilities at Fort Bliss. Last month, Becerra announced he was walking back plans to house thousands of children younger than 12 there, after Democratic lawmakers and immigration activists protested that the facility did not meet basic child welfare standards.The temporary shelter is one of a dozen or so makeshift sites the government set up to provide more capacity beyond the traditional, licensed shelters that the health and human services department oversees.The vice-president has faced bipartisan criticism for declining to make the trip thus far , as well as remarks on her trip to Guatemala, when she starkly spelled out the Biden administration’s message to those seeking sanctuary in the US: “Don’t come.”Those comments “reinforced the years of attacks on the rights of refugees and asylum seekers by the previous administration”, Dylan Corbett, the director of a local non-profit organization that focuses on immigration policies and aiding migrants in El Paso and Ciudad Juárez, told the Guardian.With Donald Trump visiting the area less than a week after Harris and the Texas governor, Greg Abbott, making increasingly rightwing remarks about immigration, Republicans will be watching the vice-president’s visit closely for fodder for further attacks.Aside from party politics, CBP, the federal agency, recently reported nine deaths of migrants along the border just in the El Paso sector, but said they were only reporting the number of deaths where agents find the deceased individual or are involved in an emergency response. The actual number is likely to be higher.Those are deaths such as by heatstroke as migrants trek through triple-digit desert heat, or falls from the 30t-high border wall.“We have such little appreciation for what they’re risking to be safe, to put food on the table,” Ruben Garcia, the director of the Annunciation House network of shelters in the area, said. “These people aren’t coming here because they want to put jacuzzis in their houses.”Biden’s first few months in office have seen record numbers of migrants attempting to cross the border.CBP recorded more than 180,000 encounters on the Mexican border in May, the most since March 2000.Those numbers were boosted by a coronavirus pandemic-related ban on the legal facility for seeking asylum from persecution, a rule called title 42 begun by Trump and continued by Biden that allows most people unlawfully crossing the border to be summarily expelled into Mexico, at their peril.Harris was joined on the trip by the homeland security secretary, Alejandro Mayorkas, Illinois Democratic senator Dick Durbin and local Democratic congresswoman Veronica Escobar.Escobar called El Paso the new Ellis Island, the facility in New York harbor that processed millions of migrants to the US a century ago. Looking forward to welcoming @VP Harris to El Paso – America’s new Ellis Island.As I told VP last March, El Paso has chosen to employ compassion toward those seeking refuge, and her visit will provide key context for her diplomatic efforts to address root causes of migration.— Rep. Veronica Escobar (@RepEscobar) June 24, 2021
Harris did not visit Fort Bliss on Friday, nor the memorial to victims of the mass shooting by a man professing hatred of immigrants, at an area Walmart store in 2019.Domingo Garcia, president of the League of United Latin American Citizens, a Latino civil rights organization, called Harris’s visit “a day late and a dollar short”. More
Recent comments by US Vice-President Kamala Harris over migration from Guatemala are part of an unfortunate pattern. Like Harris, other members of the Biden administration have been telling Central American migrants — many of whom are forced to leave home — “do not come” to the United States because they will be turned away at the US-Mexico border.
Harris walked back these statements last week, partly in response to criticism from groups like Refugees International that swiftly highlighted the right to seek asylum and international protection. In an interview following her trip to Guatemala and Mexico, she said, “Let me be very clear, I am committed to making sure we provide a safe haven for those seeking asylum, period.” But it remains an open question whether this commitment will be reflected in concrete policy change.
Joe Biden Faces Many Challenges in Latin America
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It is time for the United States to show a stronger commitment to the protection needs of Central American migrants. The Biden administration can do so by taking five important steps.
Rights of Central American Migrants
First, the administration must commit to increasing resettlement. Politicians who want to emphasize protection sometimes speak about having migrants apply for asylum from home. This confuses asylum, which is requested at the border or from within the US, with resettlement, which is usually applied for from a third country rather than the home country, where it is too dangerous for people seeking protection to await processing.
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Unfortunately, no significant US refugee resettlement program for Central Americans currently exists. Harris did not discuss plans to create one, even for the women the administration acknowledges flee violence in Guatemala. The statement that Guatemalans should not come undermines not only the right to seek asylum under US law, but it also bolsters a long history of American refusal to recognize Guatemalans as refugees or the role of US policies in causing forced displacement in the region.
The Biden administration has allocated some additional refugee visa slots for Central Americans and established a Migration Resource Center in Guatemala to advise people about the availability of refugee resettlement. However, much more needs to be done by the State Department, Homeland Security (DHS) and Congress to build a substantial resettlement program for Guatemalans. The administration should work with Congress to ensure that more Central Americans are referred and are eligible for refugee resettlement.
Second, the United States must make it possible for additional at-risk youth from Honduras, El Salvador and Guatemala to qualify as refugees through the Central American Minors (CAM) program. On June 15, Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas announced an expansion of the renewed program, which existed under the Obama administration. It allows parents based in the United States to apply to have their children come to the country from Central America as refugees.
This is welcome news. But the devil is in the details. It remains to be seen if, unlike during the Obama-era CAM program, significant numbers of Guatemalan parents will actually be eligible and helped to apply and if US officials sent to interview children will recognize them as refugees. It is also unclear if, this time around, the US government will ensure the safety of children while they are interviewed in Guatemala and provide them with needed support after they arrive in the US. The Biden administration must revise eligibility, retrain adjudicators and commit resources to make this program a true pathway to security for Guatemalan kids.
Third, the Biden administration must also restore asylum at the border. Harris’ description of the border as closed does not accurately represent precisely what is happening, only further adding to the confusion. On the one hand, newly arriving migrants cannot ask for asylum at ports of entry along the US southern border and they could be expelled under an unjustified COVID-19-related order. On the other hand, the administration has exempted unaccompanied minors from Central America from this order and is admitting rather than expelling the majority of arriving families. Yet single adult asylum seekers who enter between ports of entry are an enforcement priority. These migrants are either expelled without any screening for their protection needs or detained at Immigration and Customs Enforcement (ICE) facilities for long periods.
Further, the Biden administration recently announced that asylum-seeking families admitted at the border will have their cases adjudicated on a faster timeline in immigration court without ensuring they will have access to counsel. Refugees International encourages the administration to end the COVID-19 expulsion policy, process asylum seekers at ports of entry, release asylum seekers to pursue their claims at their destination locations, and expand access to legal counsel for asylum seekers.
Fourth, the Biden administration must listen to the voices of Central Americans. Harris’ comments will likely do little to affect migration and may take away from other issues that are of the utmost importance for Guatemalans. Smugglers are not swayed by such remarks and continue to profit off a booming business that feeds on the lack of legal pathways available to Central Americans.
Guatemalans themselves often have no control over the conditions that force them to migrate, little of which have to do with US immigration policies. Two devastating hurricanes, pervasive violence and crime, and endemic corruption are some of the main reasons why people flee. These drivers will take years to diminish. In the meantime, the United States should work to build trust with Guatemalan civil society and prioritize support to areas that Guatemalans are specifically calling for help. Most notably, the US needs to support Guatemala in reducing corruption, as several prominent organizations in the country have asked for.
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Finally, the Biden administration must work with Mexico on a holistic approach to migration that goes beyond deterrence and the prevention of northward movement. For decades, the US has asked the Mexican government to help keep migrants from the border through increased enforcement at Mexico’s southern border with Guatemala and ramped up detention and deportation in Mexico. This limits many with international protection concerns from seeking asylum in Mexico or the US.
It remains to be seen whether policy changes like the proposed US-Mexico “Operations Group on Human Smuggling and Human Trafficking” will offer protection to victims of human trafficking at the border, whose needs have been ignored in the past. On his trip to Mexico last week, Secretary Mayorkas met with officials from the National Institute of Immigration (INM), but not with representatives of the Mexican Commission for Refugee Assistance (COMAR). Nor did the delegation from the United States traveling with Mayorkas include officials focused on asylum and humanitarian concerns. In bilateral discussions about migration with Mexico, the Biden administration needs to increase emphasis on access to protection.
Following Through
If President Joe Biden is serious about providing protection to Central Americans, his administration must more clearly and consistently articulate its commitment to this goal. It must follow through on the commitment via increased access to refugee resettlement and asylum and to humble and holistic cooperation with regional partners.
Harris’ approach was a political mistake and a lost opportunity. Other plans announced by the administration indicate a more productive approach that can be best fulfilled by adopting the five steps we have outlined.
*[Yael Schacher is a senior US advocate and Rachel Schmidtke is an advocate for Latin America at Refugees International.]
The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More
The US government on Wednesday ended two Trump administration policies that made it harder for immigrants fleeing violence to qualify for asylum, especially Central Americans. Attorney general Merrick Garland issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates. “The significance of this cannot be overstated,” said Kate Melloy Goettel, legal director of litigation at the American Immigration Council. “This was one of the worst anti-asylum decisions under the Trump era, and this is a really important first step in undoing that.” Garland said he was making the changes after President Joe Biden ordered his office and the Department of Homeland Security to draft rules addressing complex issues in immigration law about groups of people who should qualify for asylum. The changes come as US immigration authorities have reported unusually high numbers of encounters with migrants at the southern border. In April, border officials reported the highest number of encounters in more than 20 years, though many migrants were repeat crossers who previously had been expelled from the country under pandemic-related powers. The number of children crossing the border alone also has been hovering at all-time highs. Many Central Americans arrive on the border fleeing gang violence in their countries. But it isn’t easy to qualify for asylum under US immigration laws, and the Trump-era policies made it that much harder. More than half of asylum cases decided by the immigration courts in the 2020 fiscal year were denials, according to data from the department of justice’s executive office for immigration review. Four years earlier, it was about one in five cases. In the current fiscal year, people from countries such as Russia and Cameroon have seen higher asylum grant rates in the immigration courts than people from El Salvador, Guatemala and Honduras, the data shows. One of the Trump administration policies was aimed at migrants who were fleeing violence from non-state actors, such as gangs, while the other affected those who felt they were being targeted in their countries because of their family ties, said Jason Dzubow, an immigration attorney in Washington who focuses on asylum. Dzubow said he recently represented a Salvadoran family in which the husband was killed and gang members started coming after his children. While Dzubow argued they were in danger because of their family ties, he said the immigration judge denied the case, citing the Trump-era decision among the reasons. Dzubow welcomed the change but said he doesn’t expect to suddenly see large numbers of Central Americans winning their asylum cases, which remain difficult under US law. “I don’t expect it is going to open the floodgates, and all of a sudden everyone from Central America can win their cases. Those cases are very burdensome and difficult,” he said. “We need to make a decision: do we want to protect these people?” More
