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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

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    US using coronavirus pandemic to unlawfully expel asylum seekers, says UN

    CDC recently issued order encouraging immediate deportation of non-citizens without valid documents, citing obscure quarantine law Coronavirus – latest US updates Coronavirus – latest global updates See all our coronavirus coverage Mauricio, 66, from Honduras looks at a brochure on Covid-19 in Ciudad Juárez. A US policy that seeks to expel migrants because of the […] More

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    US supreme court upholds policy of making asylum seekers wait in Mexico

    Trump administration’s ‘Remain in Mexico’ policy will remain in force while a lawsuit challenging it plays out in the courts The US supreme court has allowed the Trump administration to continue enforcing a policy that makes asylum seekers wait in Mexico for US court hearings, despite lower court rulings that the policy is probably illegal. […] More

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    Family separations at US border plagued by problems, watchdog finds

    Efforts to track children separated from families undermined by communication problems that raise serious questions The Trump administration’s effort to track children the US authorities separated from their families at the US-Mexico border is plagued by communication problems that raise questions about the accuracy of the data, a watchdog reported on Thursday. The administration created […] More