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Elected officials, civil society, and our communities must band together to resist the current assaults on asylum, and push for humane and welcoming border policies.
On January 20, the fate of asylum seekers at the U.S.-Mexico border was abruptly changed as U.S. President Donald Trump announced new executive orders further dismantling the right to asylum.
That morning, the patients I saw in our pop-up clinic at a migrant shelter were full of apprehension about the threatened Trump policies, but a sense of hope remained. One young man told me he was so excited he could barely sleep because his CBP One appointment, which would allow him and his family to request parole to enter the U.S. while they applied for asylum, was scheduled for the following day.
By noon, the tone had changed. People tried desperately to log in to the CBP One app but were given error messages. Cancelation notices arrived in the email inboxes of those who had already been granted appointments. One patient who had left his country fleeing political violence and had been waiting for eight months at the border for the appointment, frantically held his phone up to show me the email. “Now what are we supposed to do?” he lamented, “We have nowhere safe to go.”
There is much work to be done now to uphold human rights in the U.S. But we must not forget the people who are desperate for relief at our borders.
Indeed, the end of the CBP One appointment program has effectively closed the door on asylum seekers at the U.S.’ southern border. With the ongoing restrictions of the asylum ban and border closure rules put in place during the Biden administration, there are now no viable legal pathways to entry for the hundreds of thousands of migrants seeking safety at the border.
The effect on our patients waiting in Mexico has been devastating, and it’s only going to get worse. Patients came into the clinic reporting depression, panic attacks, and despair. Some had just narrowly survived being kidnapped, beaten, or raped, and were petrified about being targeted again by the organized crime groups that prey on migrants in Mexican border cities.
Over the years in our clinics, we have seen that increased restrictions in border policies—such as Trump’s Remain in Mexico—increase danger, injuries, mental health problems, childhood developmental problems, and untimely death for asylum seekers trying to make it to the U.S. Most recently, these issues had still been occurring given the long waiting periods of the CBP One system, but now they will undoubtedly worsen.
Being stranded leads people to make impossible choices. Some families will risk (and some lose) their lives trying to cross the swift currents of the Rio Grande or the harsh landscape of the desert. Some families choose to send their children over the border unaccompanied, taking on the trauma of family separation because they see no other way for their child to escape from danger and have a better life.
President Trump says we shouldn’t care about the plight of immigrants and should instead focus on American citizens’ needs—of which, undoubtedly, there are many. But such perspectives miss the bigger picture, and are, in fact, woefully inaccurate. Not only are we able to support immigrants, we desperately need to, for the sake of all of us. Without immigrants, we’d be facing a home care crisis, an agricultural crisis, and our economy would suffer. What’s more, the plight of migrants in transit impacts our communities in the U.S. I have patients at my primary care clinic in Massachusetts who have fallen into a deep depression or whose blood pressure has skyrocketed when a loved one of theirs is lost along the migrant route or is assaulted on the journey. Let alone our international and domestic legal obligations that require us to recognize and honor the right to seek asylum.
As our patients at the migrant shelter reeled from the news of the cancelation of CBP One, one man was still smiling. “I believe the new president will have compassion for us,” he said, standing outside his tent and nodding toward his wife and small children inside. “He has a family too. I pray that he will be able to understand that we need safety for our kids.”
It would be nice. But in the absence of that change of heart, our communities need to take action. Elected officials, civil society, and our communities must band together to resist the current assaults on asylum, and push for humane and welcoming border policies. There is much work to be done now to uphold human rights in the U.S. But we must not forget the people who are desperate for relief at our borders—it’s our obligation, and it’s a matter of life and death.
"Guantánamo has long been a stain on America's human rights record. Using it to detain migrants would be a dangerous escalation of anti-immigrant policies," wrote one immigrant advocate.
U.S. President Donald Trump's announcement Wednesday that he is ordering officials to prepare the Guantánamo Bay Naval Base in Cuba to house tens of thousands of migrants was met with swift condemnation from rights groups this week.
"Guantánamo has long been a stain on America's human rights record. Using it to detain migrants would be a dangerous escalation of anti-immigrant policies," wrote Guerline Jozef, executive director at Haitian Bridge Alliance, an immigrant advocacy group, in a statement on Friday.
Trump announced the plan during a signing ceremony for the Laken Riley Act, legislation that strips due process rights from millions of undocumented immigrants, saying, "we have 30,000 beds in Guantánamo to detain the worst criminal illegal aliens threatening the American people."
A presidential action published by the White House that same day called on the Secretary of Defense and the Secretary of Homeland Security "to take all appropriate actions to expand the Migrant Operations Center at Naval Station Guantánamo Bay to full capacity to provide additional detention space for high-priority criminal aliens." The memorandum did not state how many migrants are expected to be detained there.
Vincent Warren, executive director of the Center for Constitutional Rights, called the move a decision that "should horrify us all."
"The order... sends a clear message: migrants and asylum seekers are being cast as the new terrorist threat, deserving to be discarded in an island prison, removed from legal and social services and supports," Warren continued.
Congressional Hispanic Caucus Chair Adriano Espaillat (D-N.Y.) said in a Thursday statement that he is "deeply troubled" by the plan, arguing that it raises "serious human rights concerns, risks significant abuses, and would impose unnecessary costs on taxpayers." Amnesty International has also decried the announcement.
Guantánamo Bay's military prison has become associated with the repression and violence carried out by the United States during the "War on Terror" that launched after the September 11, 2001 terrorist attacks. It has been used to hold hundreds of foreign terrorism suspects, many without charge, since it opened in 2002.
Facilities at Guantánamo Bay facilities have also been used to detain asylum seekers, migrants, and refugees for decades, but not in the manner that Trump is now suggesting.
Both Presidents George H.W. Bush and Bill Clinton processed Haitian refugees at Guantánamo Bay, but those were people taken into custody at sea, not brought from the U.S. mainland. And while the Biden administration last year considered processing Haitian migrants there as well, it never followed through with the policy.
Looking ahead, Warren of the Center for Constitutional Rights also vowed to fight back, saying his group "has challenged the U.S. government's use of Guantánamo in all its incarnations, and we, along with our partners, will do so again."
"President Trump will only be able to implement his harmful policies if countries in the Americas agree to play along."
Ten days into U.S. President Donald Trump's second term, Amnesty International Americas director Ana Piquer on Wednesday urged the Canadian and Mexican governments to refuse to participate in the Republican's attacks on migrants seeking safety.
Since returning to the White House, Trump has taken various executive actions to
advance his far-right immigration agenda, including declaring a national emergency, attempting to end birthright citizenship, enabling U.S. Immigration and Customs Enforcement agents to arrest people in sensitive locations like schools and churches, reinstating the Migrant Protection Protocols—also known as the "Remain in Mexico" policy—and effectively halting asylum by shutting down CBP One, a mobile application that migrants used to schedule appointments with Customs and Border Protection at ports of entry.
"The executive actions adopted by President Trump severely impact the rights of people seeking safety and place countless lives at risk, fabricating nonexisting threats to expand militarization, externalization of borders, generalized use of immigration detention, expedited removals, and criminalization of migrant rights defenders," said Piquer. "These policies make it near impossible for individuals to seek asylum in the United States and will result in thousands of people being forcibly returned to places where their lives or safety are at risk."
"President Trump is also calling for the use of criminal prosecutions for people crossing irregularly into the United States, a policy that resulted in the mass separations of families during Trump's first term," she noted. "To this day, there are families—mostly from Central America—who have still not been reunited from the first iteration of this cruel policy."
Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, toldThe Guardian earlier this month that "given the lack of records, it's impossible to know precisely how many families remain separated" due to the policy from Trump's first term, but "we think there may be around a thousand families or more that we can't confirm have been reunited."
Nodding to a weekend dispute between the Trump administration and Colombia, Piquer said that "the United States is also pressuring countries to accept deportation flights with individuals that are not nationals of those countries and threatening sanctions on those countries that refuse. All these policies have implications for countries throughout the Americas, continuing the troubling trend of the United States entering into bilateral agreements aimed at deterring migration."
The Amnesty leader specifically took aim at the Canada-United States Safe Third Country Agreement, which requires most people seeking refugee protection to do so in whichever of the two nations they enter first. The treaty has been in effect since 2004.
"The agreement has forced individuals to attempt dangerous border crossings and has pushed people underground in order to seek safety," Piquer stressed. "As the United States becomes increasingly unsafe for asylum-seekers, the Canadian government must withdraw from the agreement immediately."
The treaty has withstood legal challenges in Canada, but the global human rights group isn't alone in continuing to call on the Canadian government to ditch the deal. After Trump's inauguration, Jon Milton wrote for the Canadian Center for Policy Alternatives, a progressive think tank, that the U.S. president had "declared war on migrants."
"The situation is bleak, and Canada has responsibilities—both moral and legal—to act. The first thing it should do is immediately withdraw from the Safe Third Country Agreement with the United States," Milton argued. "If Trump actually does even half the things he has promised to do to migrants in the United States, it will trigger a humanitarian crisis—and Canada has the responsibility to act to protect people fleeing persecution."
While Trump's return to power may impact Canadian immigration policy, most migrants enter the United States at the southern border. Amnesty is pressuring the Mexican government to refuse to participate in any reiteration of the Remain in Mexico policy. Piquer pointed out that the version imposed during Trump's first term "trapped asylum-seekers in camps along the U.S.-Mexico border where they were at serious risk of human rights violations, with thousands of reports of people being assaulted, raped, kidnapped, and extorted."
Already, she said, "the shutdown of the CBP One application has created an insurmountable barrier for approximately 270,000 vulnerable individuals attempting to seek safety in the United States. They are now stranded in Mexico with no clear pathway to protection."
According to Doctors Without Borders, also known as Médecins Sans Frontières (MSF), the app shutdown "triggered a wave of despair and uncertainty." Ramón Márquez, coordinator for the group's Comprehensive Care Center in Mexico City, said that "a patient we treated this week suffered an acute anxiety attack after her previously approved asylum appointment in early February was canceled... Our therapeutic teams are ramping up interventions to support those in emotional crisis."
Adriana Palomares, general coordinator for MSF in Mexico, said last week that "migration and seeking asylum are rights, not crimes. Governments across the region, including the U.S. and Mexico, must urgently implement migration policies that prioritize people and their protection."
Similarly demanding swift action, Piquer said Wednesday that "following the termination of CBP One, the Mexican government must urgently adopt measures to ensure the safety and security of those who had been waiting in Mexico for CPB One appointments, including allowing them to apply for international protection in Mexico and travel freely throughout the country."
"President Trump will only be able to implement his harmful policies if countries in the Americas agree to play along," she emphasized. "Amnesty International urgently calls on the governments of the region to refrain from participating in policies that undermine the rights and dignity of those seeking safety."
Piquer also called on the U.S. government to "respond to this moment of global displacement with funding and policies of welcome, to respond to the crisis with policies that are humane rather than those that hurt." However, such calls seem unlikely to be heard by Trump—who has threatened both Canada and Mexico with tariffs—or the Republican-controlled Congress.
Trump on Wednesday afternoon is set to sign the first bill of his second term—the Laken Riley Act—which congressional Republicans recently passed with help from a
dozen Democratic senators and 46 Democrats in the House of Representatives. The legislation will expand mandatory federal detention of undocumented immigrants who are accused of even relatively minor crimes.
That includes locking up "undocumented children who have never been charged with or convicted of a crime," Sen. Jeff Merkley (D-Ore.) noted after voting against the bill. "We've seen time and again the damage the federal government can cause our children with dangerous immigration policies like this."