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    US ends Trump-era asylum rules for immigrants fleeing violence

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

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

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

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    Kamala Harris suffers bumpy baptism over immigration on first foreign trip

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

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

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

    Kamala Harris takes on a new role as she heads on her first overseas trip
    AOC condemns Kamala Harris for telling Guatemalan migrants not to come to US More

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    Kamala Harris tells migrants 'do not come' during talks in Guatemala – video

    The US vice-president, Kamala Harris, said she had held ‘robust’ talks with the Guatemalan president, Alejandro Giammattei, as she sought to find ways of deterring undocumented immigration from Central America to the United States. Speaking during a news conference with Giammattei, Harris delivered a blunt message to people thinking of making the dangerous journey north: ‘Do not come’

    Kamala Harris faces doubts over retooled US policy in Central America
    Kamala Harris takes on a new role as she heads on her first overseas trip More

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    A mother’s happy day: military spouse deported by Trump returns to family

    Three years ago Alejandra Juarez fell victim to Donald Trump’s cruelty as the wife of a decorated US Marine Corps veteran and mother of two young US citizen daughters was deported to Mexico under the former president’s zero-tolerance immigration policies.On Saturday Juarez will rejoin her family in Florida as one of the first beneficiaries of a humanitarian program set up by Joe Biden’s administration to reunify parents Trump separated from their children.But while Juarez’s Mother’s Day weekend reunion with daughters Pamela, 19, Estela, 11, and husband Temo will close a lengthy, painful journey of isolation and depression, she sees it as a door opening for other families torn apart by deportation.“I’m happy this is behind me and my family, and hoping this will lead to a permanent solution not only for military spouses like myself, but for everyone,” she told the Guardian from Mérida, Mexico, where she has been living since being forced from her home in Davenport, Florida, in 2018.“I hope it will have a domino effect and bring many more people back.”The Biden administration’s family reunification taskforce was set up by the new president’s executive order in February and began returning some of those “unjustly separated at the US-Mexico border” during the Trump era this week by granting them “humanitarian parole”.The numbers, however, are uncertain. The homeland security department (DHS) taskforce has been working to identify cases, but admits finding them all will be a lengthy process. It is scheduled to deliver its first report on 2 June.Also unclear is how many military families were affected by what Biden has called the “human tragedy” of separations during the four years Trump was in office. Federal agencies do not record military service in immigration cases, but a 2018 report by the advocacy group American Families United estimated that up to 11,800 active service men and women, all US citizens or permanent residents, had a spouse vulnerable to deportation.Alejandro Mayorkas, the homeland security secretary who is also the taskforce’s chair, said this week’s first wave of reunifications was “just the beginning”.“Many more will follow, and we recognize the importance of providing these families with the stability and resources they need to heal,” he said, noting the taskforce was “exploring options” for long-term legal stability for reunified families.Juarez, 41, and her 43-year-old husband Cuauhtemoc, known as Temo, were both born in Mexico. But while he came to the US legally as a child and was naturalized in 2002, shortly before a 16-month deployment in Iraq, she spent the 18 years of their marriage until her deportation undocumented.As a teenager she was caught crossing the border illegally and chose to sign a document in English she said she didn’t understand and return to Mexico voluntarily instead of being placed in detention. The document permanently forfeited her right to legal status, which she did not discover until after her marriage.She returned to the US and lived anonymously in Florida with her husband until a traffic stop in 2013 exposed her undocumented status. Even then, under the more relaxed policies of Barack Obama’s administration, she was allowed to stay with twice-yearly check-ins with immigration authorities.Juarez self-deported in 2018 after Trump implemented his no-tolerance approach, and before authorities could enforce a removal order issued against her. She rented an apartment in Mexico with Estela while her husband remained in Florida to run his roofing business and allow Pamela to finish high school, but with money running out and two households to run, visits to Mexico became less frequent.When the coronavirus pandemic struck, Juarez said, her jobs teaching English slowed up and Estela returned to Florida. The knowledge her daughters were growing up without their mother, she said, caused her depression for which she needed therapy.Darren Soto, a Florida Democratic US congressman, lobbied the White House for Juarez to be allowed to return, and has introduced the Protect Patriot Spouses Act to Congress to protect military families from deportations.“President Trump’s administration was an aberration in American history with regard to immigration. Now we have humanitarian considerations, which are American values, reincorporated into our federal government,” said Soto, who also backs the American Families United Act that would allow some undocumented immigrants with US citizen family members to stay.“It’s been a long time coming, but Alejandra never gave up on us and we never gave up on her. They’ve missed almost three years of cherished memories together and it’s been traumatic for all of them.”Juarez said she was grateful for the efforts of Soto, her immigration lawyers and daughter Estela, who was one of her mother’s biggest cheerleaders. The 11-year-old excoriated Trump at last year’s Democratic national convention, reading a letter in which she told him: “You tore our world apart.”In January, she appealed for Biden’s help in an emotional video in which she likened her father’s military service to that of the new president’s late son Beau. Estela, Juarez said, is documenting the family’s story in a forthcoming book titled Until Someone Listens.For now, Juarez said, her intention is making up for lost time.“They need my cooking and they already told me what they want for breakfast on Sunday, so I’ll go grocery shopping like I always did, make breakfast for all of them and go to church like we used to,” she said. “I just want to enjoy my house and my family again.” More

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    Trump’s border wall hits a wall as Pentagon cancels parts funded from its budget

    The US Department of Defense said on Friday it was cancelling the construction of parts of former president Donald Trump’s border wall with Mexico that were being built using military funds.All unobligated money was being returned to military, the Pentagon said.Trump declared a national emergency in 2019, in an effort to redirect funding to build a wall along the southern border.Joe Biden issued a proclamation on 20 January, his first day in office, ordering a freeze on border wall projects and directing a review of the legality of funding and contracting methods.“The Department of Defense is proceeding with canceling all border barrier construction projects paid for with funds originally intended for other military missions and functions such as schools for military children, overseas military construction projects in partner nations, and the national guard and reserve equipment account,” said a Pentagon spokesperson, Jamal Brown.Brown said the returned funds would be used for deferred military construction projects.It was not immediately clear how much would be returned to the military, but it was likely to be several billion dollars.Trump’s diversion of funds from the Pentagon was heavily criticized by lawmakers, who said it put national security at risk and circumvented Congress.In 2019, the military said more than 120 construction projects would be adversely affected by Trump’s move.The Department of Homeland Security also announced on Friday that it would take steps to address “physical dangers resulting from the previous administration’s approach to border wall construction”.It said it would repair the Rio Grande Valley flood barrier system, into which it said wall construction under the Trump administration had blown large holes. The department also said it work to remediate soil erosion along a wall segment in San Diego. More

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    ‘A system of global apartheid’: author Harsha Walia on why the border crisis is a myth

    The rising number of migrant children and families seeking to cross the US border with Mexico is emerging as one of the most serious political challenges for Joe Biden’s new administration.
    That’s exactly what Donald Trump wants: he and other Republicans believe that Americans’ concerns about a supposed “border crisis” will help Republicans win back political power.

    But Harsha Walia, the author of two books about border politics, argues that there is no “border crisis,” in the United States or anywhere else. Instead, there are the “actual crises” that drive mass migration – such as capitalism, war and the climate emergency – and “imagined crises” at political borders, which are used to justify further border securitization and violence.
    Walia, a Canadian organizer who helped found No One Is Illegal, which advocates for migrants, refugees and undocumented people, talked to the Guardian about Border and Rule, her new book on global migration, border politics and the rise of what she calls “racist nationalism.” The conversation has been edited for length and clarity.
    Last month, a young white gunman was charged with murdering eight people, most of them Asian women, at several spas around Atlanta, Georgia. Around the same time, there was increasing political attention to the higher numbers of migrants and refugees showing up at the US-Mexico border. Do you see any connection between these different events?
    I think they are deeply connected. The newest invocation of a “border surge” and a “border crisis” is again creating the spectre of immigrants and refugees “taking over.” This seemingly race neutral language – we are told there’s nothing inherently racist about saying “border surge”– is actually deeply racially coded. It invokes a flood of black and brown people taking over a so-called white man’s country. That is the basis of historic immigrant exclusion, both anti-Asian exclusion in the 19th century, which very explicitly excluded Chinese laborers and especially Chinese women presumed to be sex workers, and anti-Latinx exclusion. If we were to think about one situation as anti-Asian racism and one as anti-Latinx racism, they might seem disconnected. But both forms of racism are fundamentally anti-immigrant. Racial violence is connected to the idea of who belongs and who doesn’t. Whose humanity is questioned in a moment of crisis. Who is scapegoated in a moment of crisis.
    How do you understand the rise of white supremacist violence, particularly anti-immigrant and anti-Muslim violence, that we are seeing around the world?
    The rise in white supremacy is a feedback loop between individual rightwing vigilantes and state rhetoric and state policy. When it comes to the Georgia shootings, we can’t ignore the fact that the criminalization of sex work makes sex workers targets. It’s not sex work itself, it’s the social condition of criminalization that creates that vulnerability. It’s similar to the ways in which border vigilantes have targeted immigrants: the Minutemen who show up at the border and harass migrants, or the kidnapping of migrants by the United Constitutional Patriots at gunpoint. We can’t dissociate that kind of violence from state policies that vilify migrants and refugees, or newspapers that continue to use the word “illegal alien”. More