I went mostly to find out what really is happening on the border.
In Honduras there are many stories about migration into the US, some of the most optimistic spread by coyotes, those who are paid to guide people to the US. They have their motives, especially to get people to give them thousands of dollars to get to the US.
I wanted to find out what is the true situation. It’s complicated and changing.
The week we were there, the US reinstated the so-called Migrant Protection Program, often called “Stay in Mexico.” This began during the Trump administration and was rescinded by a presidential order earlier this year. Yet a Texas judge declared that it should be reinstated. Though it is being appealed. the Biden administration reinstated the program.
With this program, the names people who come to the border and ask for asylum are taken and they have to await an immigration court hearing but are returned to stay in Mesico.
When this was initiated, huge numbers were returned to Mexico and waited a long time. Some stayed in an open field, housed in tents, others were housed in shelters, some even just looked for a place to stay in Ciudad Juarez.
But the wait was long – six months and more. The Biden administration is saying that the cases will be adjudicated earlier, but people are still returned to Mexico.
This program was restarted last week and some are being returned to Mexico. Yet there are reports of migrants being stopped on the bridge into El Paso and not allowed to step into the US. This prevents the migrant to apply for asylum since one cannot apply for asylum unless one is standing on US soil.
There is also another US law that allows for the immediate return of migrants to Mexico. This law states that people can be turned away for reasons of public health.
This is being applied during the present COVID-19 pandemic and does not give those turned away any sense of when they could try again to cross the border and apply for asylum. They do not have their names put on a list for a court hearing.
There are other complications with US border procedure.
Those who are released often have ankle bracelets to track them. Even if they do not, they have to report into ICE every so often and then appear before an immigration judge.
When an unaccompanied minor asks for asylum they are put into detention for a short period and they are then released (with court dates) to journey to family members in the US.
When people cross into the US outside of an official entry station, they may be apprehended by the US Border Patrol which hands them over to other US authorities. If there is a question of criminal behavior or criminal history, they will be handed over to one authority; if not, and if they request asylum, they are handed over to another which will initiate proceedings.
There are all sorts of problems with the system, which needs to be seriously changed.
That’s what I understand about the legal part – but the human part is even more complicated.
There are the problems of those who are waiting months and who stay in shelters or try to survive on the street or in private residences. In Mexico, they are sometime harassed by organized crime. There are cases of kidnappings and holding for ransom.
Also when in Mexico, some who are frustrated by the long waits or whose claim is denied, will contract a coyote to try to get them across without passing through the inspection stations.
These are my preliminary observations. More to come.
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To get an idea of the complications of the system, here's a chart from the Hope Border Initiative on what happens when one seeks asylum. (A better image in a pdf document can be found here.)
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