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    ‘The border is closed’: US deters adults but allows processing for child migrants

    Joe Biden’s homeland security secretary said on Tuesday that even as the US processes a growing number of unaccompanied child migrants at the US-Mexico border, the country remains closed to most asylum seekers.“Now is not the time to come to the border,” Alejandro Mayorkas said.US border patrol officials encountered more than 15,000 children traveling without adults in January and February and officials have warned the numbers continue to grow in the first weeks of March. The arrivals threaten to overwhelm stretched federal agencies, putting children at risk, though Mayorkas told ABC News it was a challenge his department could handle.“What we are doing is addressing young children who come to the border to make claims under the humanitarian laws established years and years ago and we are building capacity to address the needs of children when they arrive,” Mayorkas said. “But we are also, and critically, sending an important message that now is not the time to come to the border.”Mayorkas said the border was not permanently closed to adults and families, but urged people to wait before approaching it.“Give us the time to rebuild the system that was entirely dismantled in the prior administration,” he said.The secretary also issued a lengthy statement, warning that the US was on pace to encounter more individuals at the border with Mexico than it had in the past 20 years.His projection did not reflect a record number of people crossing the border, however, because it only included people apprehended by US border patrol – not those who cross without getting caught. That group has shrunk dramatically since the early 2000s.“This is not new,” Mayorkas said. “We have experienced migration surges before – in 2019, 2014 and before then as well.”He also acknowledged several factors pushing people north, including poverty, violence, corruption and two damaging hurricanes which hit Honduras in November.The measured tone from the Biden administration is a marked departure from US policy under Donald Trump, when migrants were routinely vilified. Advocates have said this tone shift is an important step in itself but they are also watching closely to see if Biden administration acts reflect its promise of “a safe, legal and orderly immigration system”.A first test for the administration is how it processes children who make the dangerous journey to the US without adults.After encountering border patrol agents, unaccompanied children are supposed to be moved to US health department custody within 72 hours. The health department’s Office of Refugee Resettlement attempts to place children into homes with sponsors in the US, usually close relatives, while their cases are assessed.In recent weeks, thousands of unaccompanied children have been held in border patrol facilities beyond the three-day limit, prompting concerns for their health and welfare.Lawyers who spoke with more than a dozen children held at a border patrol facility in Texas last week told the Associated Press some said they had been there for more than a week. Some children reported being held in packed conditions, sleeping on the floor and not being able to shower for five days, the lawyers said.To cope with the increase, the Biden administration has opened temporary facilities to house children, deployed the Federal Emergency Management Agency (Fema) and changed rules to move to children to the custody of a sponsor.Mayorkas said the administration was also attempting to rebuild the immigration system after the Trump administration shrank legal pathways to the US.“The system was gutted, facilities were closed and they cruelly expelled young children into the hands of traffickers,” Mayorkas said. “We have had to rebuild the entire system, including the policies and procedures required to administer the asylum laws that Congress passed long ago.”Trump’s immigration policy was shaped by adviser Stephen Miller, who has endorsed white supremacist views. On his watch, the Trump administration made more than 1,000 changes to US policy, according to the Immigration Policy Tracking Project.These changes included a March 2020 rule which effectively stopped asylum processing under coronavirus guidelines. As a result, more than 13,000 children traveling alone were expelled in the fiscal year to 30 September according to the American Civil Liberties Union.Overall, there were 197,000 expulsions in that time, a count including repeated crossings, or recidivism, which jumped from 7% in 2019 to 37% in 2020.Biden stopped using the rule, Title 42, to block unaccompanied children from seeking asylum. But it is still being used to expel adults and families. Advocates are critical of this decision, saying the public health justification is flimsy at best, but the administration has defended the Trump-era rule.At a White House briefing last week, the US southern border coordinator, Roberta Jacobson, spoke in Spanish and English.“La frontera está cerrada,” she said. “The border is closed.” More

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    Omar urges end to prison contracts to fix 'abuse-ridden' immigration detention system

    Ilhan Omar has called on the Biden administration to phase out immigration detention contracts between Immigration and Customs Enforcement (Ice) and local jails and prisons.In a letter to Susan Rice, director of the White House Domestic Policy Council, and Alejandro Mayorkas, secretary of the Department of Homeland Security (DHS), the Minnesota Democrat said the contracts perpetuated mass incarceration.“In order to truly sever the financial incentives causing the expansion of an unnecessary and abuse-ridden system of mass incarceration, we urge you to end contracts between the federal government and localities for the purposes of immigration detention,” Omar wrote, in a letter also signed by other Democratic members of Congress.Immigration activists have for years targeted such contracts at local levels.In New Jersey, lawmakers are considering proposals that would prevent counties, municipalities and private prison operators from entering into such contracts or renewing or extending those already in effect. In California in 2019 the governor, Gavin Newsom, signed a law blocking the state from entering into or renewing contracts with private prison companies.Biden is under pressure to address the sprawling US immigration detention system, the largest in the world and rampant with allegations of abuse.More than 70 members of Congress, including Omar, have called on Biden to phase out the use of private prisons for immigration detention. Biden signed an executive order to do so at justice department facilities, but not at facilities which detain migrants.Biden’s administration is also attempting to respond to an increase in asylum-seeking children at the southern border. A near-record 9,457 unaccompanied children were taken into US Customs and Border Protection (CBP) custody in February, according to the agency, the most since May 2019.In recent weeks, thousands of children have stayed in CBP facilities beyond the 72-hour legal limit, after which they are supposed to be moved to the care of the US health department.A CBP tent facility in Donna, some 165 miles south of Dallas, is holding more than 1,000 children and teenagers, some as young as four. Lawyers who inspect immigrant detention facilities have said they have interviewed children who reported being held in packed conditions, some sleeping on the floor, others not able to shower for five days.Biden is using the Federal Emergency Management Agency (Fema), best known for responding to natural disasters, to manage and care for the children.Later on Monday, it was reported that the administration plans to use a downtown Dallas convention center to hold up to 3,000 immigrant teenagers.The Kay Bailey Hutchison Convention Center will be used for up to 90 days beginning as early as this week, according to written notification sent to members of the Dallas city council on Monday and obtained by the Associated Press. Federal agencies will use the facility to house boys ages 15 to 17, according to the memo, which described the soon-to-open site as a “decompression center”. More

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    Surge in migrants seeking to cross Mexico border poses challenge for Biden

    The number of migrant children and families seeking to cross the US-Mexico border has increased to levels not seen since before the coronavirus pandemic – a challenge for Joe Biden as he works to undo the hardline immigration policies of predecessor Donald Trump.Statistics released Wednesday by US customs and border protection (CBP) showed the number of children and families increased by more than 100% between January and February.Children crossing by themselves rose 60% to more than 9,400, forcing the government to look for new places to hold them temporarily.Roberta Jacobson, the administration’s coordinator for the southern border and a former ambassador to Mexico, joined the White House press briefing on Wednesday.She said the president is committed to building a fair immigration system, but cannot undo the damage of the Trump administration “overnight”.She sidestepped a question about whether the situation at the border qualifies as a crisis.“Whatever you call it wouldn’t change what we’re doing,” Jacobson said.The secretary of homeland security, Alejandro Mayorkas, previously said he does not consider the situation to be a crisis, which sparked intense criticism among Republicans, including Trump.But Jacobson said: “Surges tend to respond to hope. There was a hope for a more humane policy.”She also argued that the election of Biden allowed human smugglers to spread disinformation about migrants’ ability to enter the US immediately.“The border is not open,” Jacobson said and urged undocumented people not to make the dangerous journey.The Biden administration is turning back nearly all single adults, who make up the majority of border-crossers, under a public health order imposed by Trump at the start of the coronavirus pandemic.And the administration is temporarily holding children and families, mostly from Central America, in government and private facilities for several days while it evaluates claims for asylum or determines if they have any other legal right to stay in the US.Republicans have argued that migrants are drawn by incentives such as the immigration bill backed by Biden and many Democrats that would offer a path to citizenship for millions of people living unlawfully in the US.“We’re seeing a surge of unaccompanied children coming across the border. Why? Joe Biden promised amnesty,” Senator Ted Cruz, Republican of Texas, tweeted.There were nearly 29,000 family units or unaccompanied minors in February. The last time it was higher was in October 2019.Biden officials have faced mounting questions about the temporary detention of migrant families, an issue that the two previous presidents had to deal with because of the instability in the region.Jacobson said the administration is asking Congress for $4bn for targeted aid to Honduras, El Salvador and Guatemala.“Only by addressing those root causes can we break the cycle of desperation and provide hope for families who clearly would prefer to stay in their countries and provide a better future for their children,” she told reporters at the White House.Jacobson said the US is also restoring a program, ended under Trump, that reunited children in the three Central American countries with parents who are legal residents in the United States.The Department of Homeland Security has also begun processing the asylum claims of thousands of people who were forced by the Trump administration to stay in Mexico, often in dangerous conditions for a long time, for a decision on their case.A migrant camp that formed in Matamoros, across the border from Brownsville, in south-east Texas, recently was emptied of migrants as they were allowed into the US to process their immigration or asylum claims. More

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    'My neighbourhood is being destroyed to pacify his supporters': the race to complete Trump's wall

    At Sierra Vista Ranch in Arizona near the Mexican border, Troy McDaniel is warming up his helicopter. McDaniel, tall and slim in a tan jumpsuit, began taking flying lessons in the 80s, and has since logged 2,000 miles in the air. The helicopter, a cosy, two-seater Robinson R22 Alpha is considered a work vehicle and used to monitor the 640-acre ranch, but it’s clear he relishes any opportunity to fly. “We will have no fun at all,” he deadpans.McDaniel and his wife, Melissa Owen, bought their ranch and the 100-year-old adobe house that came with it in 2003. Years before, Owen began volunteering at the nearby Buenos Aires National Wildlife Refuge, and fell in love with the beauty and natural diversity of the area, as well as the quiet of their tiny town. That all changed last July when construction vehicles and large machinery started “barrelling down the two-lane state road”, says Owen.Once work on President Donald Trump’s border wall began, construction was rapid. Sasabe, a sleepy border town, located over an hour from the nearest city of Tucson, was transformed into a construction site. “I don’t think you could find a single person in Sasabe who is in favour of this wall,” Owen says.The purpose of our helicopter trip today is to see the rushed construction work occurring just south of the couple’s house, as contractors race to finish sections of the border wall before Trump leaves office. Viewed from high above the Arizona desert, in the windless bubble of the cockpit, this new section of wall stretches across the landscape like a rust-coloured scar. McDaniel guides us smoothly over hills and drops into canyons, surveying the beauty of the landscape. Here, as on much of the border, the 30ft barrier does not go around; it goes over – stubbornly ploughing through cliffs, up steep mountainsides, and between once-connected communities.“That was already a pretty good barrier,” McDaniel says of the steep, unscalable cliff in front of us. The bulldozed path of Trump’s wall creeps up over the mountain’s west side, but on the other side of the cliff there is no wall, just a large gap. As with many areas on the border, the wall here is being built in a piecemeal fashion. According to the US Army Corps of Engineers, there are 37 ongoing projects, of which only three are set to be completed this month; others have completion dates as far away as June 2022.In August, at a virtual press conference with the National Association of Hispanic Journalists, Joe Biden told reporters that “there will not be another foot of wall constructed on my administration”. The 37 existing construction sites, in various stages of completion, are likely to be shut down.Yet he will have to formulate a more complex policy than simple suspension. Many of the private contractors building the wall have clauses in their contracts that will trigger large payouts if the government simply stops construction. There are also ongoing legal cases brought by private landowners from whom the government seized land. The exact nature of these obligations may only be clear to Biden once he takes office.In the meantime, Trump has accelerated building in the wake of the election, with crews working flat out, late into the night. Throughout December and into January, mountainsides were exploded with dynamite and large portions of desert bulldozed, to make way for a wall that may not be finished in time.For the past four years, I have been living in New Mexico, travelling in the borderlands and documenting the ongoing impact of the wall on communities and the environment.“They started working nights six weeks ago,” says photographer John Kurc, who has been documenting construction in the remote Guadalupe Canyon in Arizona since October last year. “It’s been nonstop ever since.”This is not about protecting America. It’s about protecting President Trump’s own interestsVerlon Jose, former vice-chair of the Native American Tohono O’odham Nation, tells me he has seen the wall plough through his ancestral homeland. “We are caretakers of this land. We are responsible for these things. Has anyone ever asked for permission from the local folks to do the construction? This is about President Donald Trump. It’s not about protecting America. It’s about protecting his own interests.”When construction stops, there will be large gaps in the new wall. In some places it will join up with older barriers that the Trump administration deemed inadequate; in others it will finish abruptly. “They work as fast as they can to build walls that will just end,” says McDaniel, as his helicopter circles back toward their property over saguaro-studded hillsides just north of the Mexican border. We drop altitude and approach the landing strip – a patch of dirt just off the road – whipping up a small dust storm as we touch the ground.***After four years of daily scandals, and the shocking scenes in Washington DC last week, it’s easy to forget that Donald Trump was elected in 2016 with one signature policy: to build a wall. That was the call echoed at his rallies, the embodiment of Trump’s hardline approach to immigration and his purported “America First” ideology. Trump claimed the wall would address an invasion of undesirable migrants, “bad hombres”, a nationalist rhetoric that resonated with his base. During his first week in office, Trump signed an executive order that included a policy for “the immediate construction of a physical wall on the southern border”.Construction began in 2019, mostly replacing existing fences, vehicle barriers, and other border structures, as well as unwalled sections of the border. The bollard wall, Trump’s barrier of choice, consists of a series of vertical steel posts set in concrete, with small gaps in between. While in some places it reaches a height of 30ft, it is less of a wall and more of an imposing metal fence.According to Kenneth Madsen, an associate professor in the department of geography at Ohio State University, the Department of Homeland Security (DHS) has waived 84 laws and statutes – many enacted specifically to protect the nation’s most treasured cultural and ecological sites – in order to expedite construction.Dozens of environmental and public health laws were brushed aside to build walls through parks and wildlife areas, including Organ Pipe Cactus National Monument, Cabeza Prieta National Wildlife Refuge, San Bernardino National Wildlife Refuge and Coronado National Memorial. “It has brought devastation to the environment and the communities of the borderlands,” says Scott Nicol, author of a 2018 report for the American Civil Liberties Union (ACLU) about the impact of the wall, and a resident of the Rio Grande valley in Texas.Nicol believes the wall’s charted course has been determined by ease rather than efficacy. Construction has been much busier on federally owned land, not because that’s where there are likely to be more border crossings, but because building on private property is a lengthy process. “Texas has the most border but the least wall mileage to date because the Texas borderlands are mostly in private hands,” says Nicol.According to the US Customs and Border Protection (CBP) agency, 452 miles of border wall have been constructed under the Trump administration, at an estimated cost of $15bn, one of the most expensive infrastructure projects in US history. In September 2019, Trump promised to build between 450 and 500 miles of wall, so he has reached this goal – even if the vast majority of it is replacing existing barriers.On Tuesday, days after the violent insurrection at the White House, Trump made a final visit to the border in Texas to celebrate reaching this target. During a short speech, he skirted any responsibility for the capital siege, and instead remarked on his successes in halting illegal immigration and securing the border.“When I took office, we inherited a broken, dysfunctional and open border,” he said. “We reformed our immigration system and achieved the most secure southern border in US history.”Has it had any impact on immigration? According to attorney David Donatti, from the ACLU of Texas, the answer is no. In recent months, according to CBP data, the number of people trying to cross has increased. “The wall as a whole is unlikely to have any discernible impact,” says Donatti. “In a race to construct, the administration is building where it’s easier as opposed to where most people cross.”And while the wall may be an impressive barrier, it is far from impregnable. Just after Christmas, Nicol visited a new section in the Rio Grande valley between Texas and Mexico and found numerous ladders scattered on the ground. “You can always go over,” he says.You can also go through. John Kurc started using drones to photograph and video the construction of the wall. The last time he was in the border town of Sonoyta, Mexico, he saw two young men with “yellow, handheld angle grinders” cutting through the wall while a lookout with a radio watched for Border Patrol. “They would put the section back with a special bonding agent and then use paint that oxidizes the same colour as the bollards,” says Kurc. “Then they just go in and out.”Gil Kerlikowske, the Obama-appointed former commissioner of the CBP, says there is not a one-size-fits-all solution for border security: “There are places where the environment is difficult and so remote you don’t need any barrier at all.” In these areas, surveillance and detection technologies would be more useful and cost-efficient, he argues. “It is such an unbelievably complex problem. When someone proposes a simple solution to a complex problem, you can be sure that’s the wrong solution.”***That’s not to say Trump’s wall has had no impact. Back on the ranch, cameras set up by Melissa Owen have captured passing wildlife – mountain lions and javelina, pig-like mammals, the skulls of which can also be found around the house. “There were no environmental surveys, no groundwater surveys, none of that,” says Owen. Once contractors arrived in town last summer, they began “pumping enormous amounts of water out of the ground” in order to mix concrete for the border wall’s foundations.Residents in Sasabe began complaining of reduced water pressure. At San Bernardino National Wildlife Refuge, groundwater pumping for concrete began draining a crucial wetland and endangering four threatened species of fish. Similar concerns were raised when the Quitobaquito Springs at Organ Pipe Cactus National Monument, home to the endangered desert pupfish began to dry out as contractors pumped water from the ancient aquifer that fed it. “That’s our water – that’s what we depend on,” says Owen, looking out towards arid ranchland that is suffering from a long drought.We had three different jaguars in 2016 – we haven’t seen signs of any since construction beganMyles Traphagen, borderlands coordinator of the Wildlands Network conservation group, has called Trump’s wall the “single most damaging project” to the ecology of the mountainous Sky Islands region and the animals that call it home – especially the jaguar, which has made a remarkable comeback in the US after being hunted to extinction by the late 1960s.“We had three different jaguars in 2015 and 2016, which hadn’t happened since the 1930s,” says Chris Bugbee, a senior researcher at Conservation CATalyst, an organisation dedicated to the world’s 38 wild cat species.“If this border wall hadn’t started, we expected a female to eventually arrive and have breeding jaguars again,” adds Aletris Neils, Conservation CATalyst’s executive director.The jaguar is one of numerous species – such as the endangered ocelot and the Mexican gray wolf – found in a region that extends from south-western New Mexico into western Arizona and far down into Mexico. If current border wall construction is completed, says Traphagen, “93% of jaguar habitat will have been walled off”.Only males have been seen in the US since the 60s. They have huge ranges and some travel north where there is plenty to eat, before returning south to find a mate. There is currently one jaguar (whose location cannot be shared due to poaching concerns) on the US side, cut off from Mexico because of the wall.Bugbee has spent years tracking the famous “El Jefe” jaguar, one of the few sighted recently in the US, with his dog Mayke. “We haven’t seen signs of any jaguars since construction began,” he tells me when we meet at the Coronado National Forest, where he previously tracked the cat. A mile or so away, construction workers have been blasting and bulldozing over the steep Montezuma Pass, where another jaguar, known as Yo’oko, once roamed.Owen and McDaniel are far from open-border liberals. The entrance to their ranch has a sign that reads: “Border Patrol always welcome”. Owen’s two horses, Rocker and Kiowa, are retired Border Patrol horses – “the best”, she says of their temperament. In her early years on the ranch, Owen says, undocumented migrants and smugglers were coming across the border in large numbers. She would frequently encounter migrants on her property. One morning someone broke into her house. “I don’t want it to go back to then,” she says, but adds that the economic downturn of 2008 has slowed immigration considerably. “No one wants a secure border more than I,” she says. “But a 30ft-tall, poorly constructed barrier is not the answer. It’s a campaign gimmick. My neighbourhood is being destroyed because a megalomaniac wants to pacify his supporters.”During his election campaign, Trump claimed that Mexico would pay for the wall. Once he was in office, Congress provided some $1.37bn a year for construction, but each year the president demanded more, ultimately declaring a national emergency in order to divert military funds to pay for the wall. It’s estimated by the US Army Corps of Engineers that Biden will save about $2.6bn if he stops construction on the border wall in his first day in office.Trump, and some within CBP, have maintained that the wall is a crucial means of halting smuggling. “Illegal drug and human smuggling activities have decreased in those areas where barriers are deployed. Illegal cross-border traffic has also shifted to areas with inferior legacy barriers or no barriers at all,” said a DHS spokesperson in a recent email to the Guardian.Kerlikowske, who also served as director of the Office of National Drug Control Policy between 2009 and 2014, admits that drug trafficking is a problem. However, he points out that the vast majority of illicit substances, such as fentanyl, cocaine and heroin, are smuggled through legal ports of entry where elaborate walls and security systems already exist. “During my time as commissioner, I met with hundreds of border patrol agents. No one in the border patrol says we really need a wall,” he says.As you keep building, you keep pushing people into more remote and dangerous areasDonatti from the ACLU of Texas says there is little evidence that walls deter either drugs or undocumented immigration, which is being driven primarily by so-called push factors (war, poverty, desperation) in other countries. “The US federal government has tried to study this several times and has never found support that a border wall stops the flow of undocumented immigration,” he says.One thing border walls are effective at is increasing the number of migrant deaths. As the US has walled off more of its border, the risk to migrants crossing illegally has increased. Since 1998, around 7,000 people have died along the US-Mexico border, the majority in Arizona’s rural deserts and, in recent years, the Rio Grande valley. “As you keep building, you keep pushing people into more remote and dangerous areas,” says Donatti.“It’s a humanitarian disaster,” agrees Eddie Canales, of the South Texas Human Rights Center, who has spent the past decade operating hundreds of water stations in the Rio Grande valley in Texas to save migrants. “We do what we can,” Canales told the Guardian in early 2020. “But people keep dying.” The wall funnels people into more dangerous crossing points, where physical barriers do not yet exist. Summer temperatures in the Arizona desert are brutal; 2020 became the deadliest year since 2010 for those who crossed the border there.***“It’s hard for people to understand what this means to us, as O’odham and Native Americans. What it means to us as the original indigenous peoples of this land,” says Verlon Jose.When I visit Organ Pipe Cactus National Monument, a pristine tract of Sonoran desert, earlier this year, contractors are busy dynamiting Monument Hill, a sacred mountain and burial site for the Tohono O’odham people. Uprooted saguaros, the huge, tree-like cacti sacred to the tribe, dot the path of the wall. “It was like, ‘Tell me where your grandparents live, and I’ll put a wall through there,’” says Jose.“In certain areas, we won’t be able to continue our traditional practices,” says Jose, whose tribal members span both sides of the border. “We spent billions of dollars on the wall. Why don’t we invest it in our border cities and towns?”According to Norma Herrera, a border resident from McAllen, Texas, the wall’s $15bn price tag is an insult to one of the county’s most impoverished regions, where critical infrastructure is often lacking. This issue was laid bare during the pandemic, when places such as the Rio Grande valley in Texas, a centre of border wall construction, was devastated by Covid. Hospitals reached capacity, deaths mounted, and all the while, the wall continued to rise.“We had more deaths in the region than the entire state,” says Herrera, community organiser at the Rio Grande Valley Equal Voice Network, which advocates for marginalised groups in the area. “To see the wall going up, to see resources used on useless steel and concrete, it’s senseless.”According to Donatti, whose parents originally emigrated from Argentina to the US, the wall should be seen in the context of broader exclusion policies – such as the Remain in Mexico programme enacted by Trump, under which asylum seekers arriving at ports of entry are returned to Mexico to wait for their US immigration proceedings. “It’s this idea that there is a fundamental Americanness, and either you’re inside, or you’re out,” he says.That idea was evident in late 2019, when I visited a shelter in Tijuana. The two-storey building in the neighbourhood of Benito Juárez was packed with families, with mattresses sprawled over every inch of open floor. At that time in Tijuana, nearly 10,000 asylum seekers were waiting for their immigration hearings after being turned back at the border and sent to one of the most dangerous cities in Mexico.Many are hopeful that under the Biden administration the approach to migrants and the borderlands will change; that policies such as Remain in Mexico will be undone; and even that sections of the border wall will be removed. A week after inauguration day, a coalition of groups across the borderlands will begin a monitoring project in order to assess the damage, and to see what needs to be done. Some hope certain sections can be removed in order to reconnect critical habitats and communities.Verlon Jose of the Tohono O’odham has a “sliver of hope” that some of the walls will come down. “I believe Biden will not build another inch,” he adds.Others are not so sure. “Optimism? No,” says Donatti of the prospect of the wall coming down. “He hasn’t committed to as much. But there is a strong coalition along the border that will be fighting for it.”John Kurc, who has spent thousands of hours watching the destruction of Guadalupe Canyon, sees the scale of the challenge. “The Trump administration has caused so much damage to these environments,” he says, peering through a set of binoculars as a crane hoists up an isolated section of wall, with huge gaps on each side. “We have a lot of work to do.” More

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    'Family detention still exists': immigration groups warn the fight is far from over

    Few people have been as closely involved with family separation and reunification as attorney Erika Pinheiro, one of the leaders of the immigration advocacy group Al Otro Lado.And though Joe Biden’s win in the presidential election puts an end to Donald Trump’s laser focus on restricting all forms of immigration, Pinheiro wants people to understand that the fight for immigrant rights in the country is far from over.“There’s still a lot of work to do,” Pinheiro, Al Otro Lado’s litigation and policy director, said. “It’s not a given that everyone will be reunified, or families, babies are going to be let out of cages – family detention still exists.”Al Otro Lado has offices on both sides of the border, where it assists immigrants with family reunification, detention, access to healthcare, asylum, deportation and other issues.It was founded in 2011 and was volunteer run until Trump won the 2016 election on an anti-immigrant platform. The group’s leaders then committed to the work as a full-time, paying job.It has been a grueling four years. Pinheiro said the Trump administration caused her to question how she could be an attorney when laws were changing each week and the government did not seem interested in following the ones which remained. “Just the baseline of being able to do our jobs as attorneys was thrown into chaos,” Pinheiro said.There was the added factor of responding to atrocities a tired, exhausted world didn’t want to, or couldn’t, process.“It felt in many instances that it was screaming into the ether about people dying at the border, people suffering all these horrific human rights violations,” she said. “And some of it got through to the public, like family separation, but a lot of it didn’t.”With Covid, the group’s work has expanded even more.“We also have had to do emergency food assistance, quarantine housing for medically vulnerable families,” Pinheiro said. “We’ve supported a dozen shelters in getting clean water and food and PPE, we have helped raise the capacity of several medical organizations here on the border to make sure our clients would have access to any care.”The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.” More

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    'Heal the damage': Activists urge Joe Biden to move beyond ‘border security’

    As Joe Biden prepares to take office, activists say the president-elect must not only take meaningful action to stabilize the US-Mexico border, but also reckon with his own history of militarizing the border landscape and communities.
    Biden has promised to end many of the Trump administration’s border policies, but has yet to unveil the kind of bold immigration plan that would suggest a true departure from Obama-era priorities. Cecilia Muñoz, Obama’s top immigration adviser who memorably defended the administration’s decision to deport hundreds of thousands of immigrants, was recently added to Biden’s transition team.
    Biden has stated that he will cease construction of the border wall, telling National Public Radio in August that there will be “not another foot of wall”, and that his administration will close lawsuits aimed at confiscating land to make way for construction. His immigration plan will also rescind Trump’s declaration of a “national emergency” on the southern border, which the Trump administration has used to siphon funds from the Department of Defense to finance construction, circumventing Congress in an action recently declared illegal by an appeals court.
    Some lawmakers along the border find these developments heartening, after Trump’s border wall construction has devastated sensitive ecosystems, tribal spaces, and communities, and has been continuously challenged in court.
    “I very much expect a Biden administration to cancel construction contracts and instruct DoJ to close eminent domain lawsuits,” says the congressman Henry Cuellar, a Democrat who represents the south Texas district of Laredo, where plans for construction have been met with stiff resistance from locals who say it is unnecessary and would damage their community. “My constituents feel hopeful, because they know a Biden administration is not going to waste money on a useless, destructive wall.”
    Since January 2017, US Customs and Border Protection (CBP) say they have spent $15bn on “400 miles of new primary and secondary border wall system”, the vast majority of it financed by funds from the Department of Defense. Most of this consists of replacing or building on older barriers, not building on land where none existed before.
    But while weary border activists see a potential ally in the Biden administration, many say that, while his electoral victory brought them a sense of relief, they are hoping for more than a return to the status quo.
    “Stopping construction isn’t enough,” says Dror Ladin, a senior staff attorney with the ACLU National Security Project. “There has to be planning to dismantle particularly harmful sections of this wall in a responsible way and help heal the damage that has been done, both to communities and natural spaces.”
    Donald Trump is not unique in his goal of militarizing the border, but his administration has tested the limits of executive authority in ways his predecessors did not. On 25 to 30 occasions, the Trump administration has invoked an obscure provision of the 2005 Real ID Act, which allows the secretary of homeland security to continue barrier construction without paying heed to any law that would stand in the way of expeditious construction efforts. The Trump administration has used it to bypass protections like the Native American Graves Protection and Repatriation Act, the Endangered Species Act and the Clean Air Act. By comparison, the George Bush administration invoked the provision to waive laws five times. More