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customs and border protection
Critics Compare Biden's Proposed Asylum Rule to 'Failed Trump-Era Policies'
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," said one migrant rights advocate.
May 09, 2024
Immigrant rights advocates on Thursday slammed the Biden administration's proposal to fast-track the rejection of certain migrants seeking asylum in the United States.
On Thursday the U.S. Department of Homeland Security (DHS) proposed a rule that would empower immigration officials to disqualify certain asylum-seekers during their initial eligibility screening—called the credible fear interview (CFI)—using existing national security and terrorism-related criteria, or bars.
DHS said the rule would apply to noncitizens who have "engaged in certain criminal activity, persecuted others, or have been involved in terrorist activities."
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation."
Homeland Security Secretary Alejandro Mayorkas called the proposed rule "yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here."
However, Greg Chen, senior director of government relations for the American Immigration Lawyers Association, argued that while "bars are an important feature of our immigration laws to ensure that dangerous individuals are not allowed into the country," they must be "accurately applied where warranted."
"This change could make the process faster by excluding people who would not be entitled to stay," he noted. "However, due process will likely be eroded by accelerating what is a highly complex legal analysis needed for these bars and conducting them at the preliminary CFI screening."
As Chen explained:
At that early stage, few asylum seekers will have the opportunity to seek legal counsel or time to understand the consequences of a bar being applied. Under the current process, they have more time to seek legal advice, to prepare their case, and to appeal it or seek an exemption. Ultimately to establish a fair and orderly process at the border, Congress needs to provide the Department of Homeland Security with the resources to meet its mission and also ensure the truly vulnerable are not summarily denied protection without due process.
Democratic lawmakers—some of whom held a press conference Wednesday on protecting undocumented immigrants in the U.S.—also criticized the proposal.
"As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards," said Sen. Alex Padilla (D-Calif.), referring to former Republican President Donald Trump, the presumptive 2024 GOP nominee to face President Joe Biden in November.
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation," he added.
One year ago, critics accused Biden of "finishing Trump's job" by implementing a crackdown on asylum-seekers upon the expiration of Title 42—a provision first invoked during Trump administration at the onset of the Covid-19 pandemic and continued by Biden to expel more than 1 million migrants under the pretext of public safety.
Earlier this week, the advocacy group Human Rights First released a report detailing the harms of the policy on its anniversary. The group held a press conference to unveil the report and warn of the dangers of further anti-migrant policies.
"The interviews with hundreds of asylum-seekers make clear that the asylum ban and related restrictions strands in danger children and adults seeking asylum, punishes people for seeking protection, leads to the return of refugees to persecution, spurs irregular crossings, and denies equal access to asylum to people facing the most dire risks," Human Rights First director of research and analysis of refugee protection Christina Asencio said during the press conference.
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," Asencio added.
On Wednesday, three advocacy groups—Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project—sued the federal government on behalf of noncitizens with disabilities seeking more information regarding CBP One, the problem-plagued Customs and Border Protection app migrants must use to schedule asylum interviews at U.S. ports of entry.
"We have and continue to see migrants with disabilities facing unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the app," said Laura Murchie, an attorney with the Civil Rights and Education Enforcement Center involved in the case.
"CBP needs to release these documents so we can advocate for and ensure compliance with the law so asylum-seekers with disabilities do not continue to be harmed by CBP's disregard for rights that are guaranteed by federal disability law," she added.
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US Court Orders Transfer of Migrant Children From 'Profoundly Inhumane' Open-Air Sites
"But it remains a tragedy that a court had to direct the government to do what basic human decency and the law clearly require," said one advocate.
Apr 05, 2024
Migrant rights defenders on Thursday cheered a federal court ruling ordering U.S. Customs and Border Protection to stop holding undocumented minors in squalid open-air detention sites in Southern California and to transfer all children held in such locations to "safe and sanitary" spaces.
Customs and Border Protection (CBP) contended that people held in the open-air detention sites (OADS) are not yet in U.S. custody. However, Judge Dolly Gee of the U.S. District Court for the Central District of California in Los Angeles issued a 12-page ruling that found migrant children are entitled to protection under the Flores Settlement Agreement, which
established national minimum standards for the treatment of detained minors.
"There are minimum standards that must be followed if CBP will be detaining families, children, and other people."
Gee found that CBP violated the 1997 agreement by detaining children in unsafe and unsanitary conditions, failing to properly feed them, and taking too long to process them at seven sites near San Diego and Jacumba Hot Springs. Migrants detained in these OADS have waited as long as five days before being transfered to indoor lockups.
"The court's decision to recognize CBP's custody of children in open-air detention sites is a crucial step towards ensuring accountability and protection for vulnerable migrants," said Lilian Serrano, director of Southern Border Communities Coalition, a case plaintiff.
"There are minimum standards that must be followed if CBP will be detaining families, children, and other people," Serrano added. "We are pleased to see the federal court acknowledge this fundamental truth. Now we expect the agency to comply with the court's order immediately."
As the number of migrants entering the United States without authorization has surged during President Joe Biden's tenure, U.S. border authorities have forced migrants—including people legally seeking asylum—into OADS, where they face what case plaintiff National Center for Youth Law (NCYL) called "profoundly inhumane conditions."
NCYL said migrant children are "forced to take shelter from harsh rain and wind in porta-potties, burn toxic brush and garbage to stay warm, and survive on nothing more than a granola bar and a bottle of water each day."
Neha Desai, NCYL's senior director of immigration, called Gee's ruling "a tremendous victory for children at open-air detention sites."
"But it remains a tragedy that a court had to direct the government to do what basic human decency and the law clearly require," Desai added. "We expect CBP to comply with the court's order swiftly, and we remain committed to holding CBP accountable for meeting the most rudimentary needs of children in their legal custody, including food, shelter, and basic medical care."
A 2023 report on conditions at the Jacumba Hot Springs site published by the U.S. Immigration Policy Center (USIPC) at the University of California San Diego found that all of the migrants held at the site said border agents did not give them enough food and over half said they did not get enough water for the day. All migrants interviewed also said they were deprived of adequate sanitation like toilets and proper shelter and shade structures.
Another report published last year revealed a "shocking pattern" of abuse of migrants and some American citizens perpetrated by Department of Homeland Security personnel at the U.S.-Mexico border in recent years under both the Trump and Biden administrations.
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Watchdog Finds Trump Border Wall Harmed Environment, Indigenous Sites, and Wildlife
"This racist political stunt has been an ineffective waste of billions of American taxpayers' dollars—and now we know it has caused immeasurable, irreparable harm," said Congressman Raúl Grijalva.
Sep 07, 2023
A U.S. government watchdog agency on Thursday released a report exposing how former President Donald Trump's wall construction along the nation's border with Mexico negatively affected cultural and natural resources, as critics have long argued.
"The Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) and the Department of Defense (DOD) installed about 458 miles of border barrier panels across the southwest border from January 2017 through January 2021," according to the Government Accountability Office (GAO) report. "Most (81%) of the miles of panels replaced existing barriers."
"The agencies installed over 62% of barrier miles on federal lands, including on those managed by the Department of the Interior," the report continues. "Interior and CBP officials, as well as federally recognized tribes and stakeholders, noted that the barriers led to various impacts, including to cultural resources, water sources, and endangered species, and from erosion."
The GAO document details how the border wall work caused severe erosion; disrupted natural water flows; damaged native plants while spreading invasive species; disturbed wildlife habitats and migration patterns, including for threatened and endangered species; and destroyed Indigenous burial grounds and sacred sites.
"From the start, President Trump's border wall was nothing more than a symbolic message of hate, aimed at vilifying migrants and bolstering extreme MAGA rhetoric," said U.S. House Natural Resources Committee Ranking Member Raúl Grijalva (D-Ariz.), who requested the report in May 2021. "This racist political stunt has been an ineffective waste of billions of American taxpayers' dollars—and now we know it has caused immeasurable, irreparable harm to our environment and cultural heritage as well."
"So much damage has been done, but we still have the opportunity to keep it from getting worse," he stressed. "Environmental restoration and mitigation work must be led by science and input from the right stakeholders, including tribes and communities along the border. So many corners were cut in building the wall—let's not repeat history by cutting corners in repairing the damage it caused."
"The report also makes clear that federal land management agencies, like the Interior Department and U.S. Forest Service, must be involved in environmental restoration and mitigation. These agencies have the utmost expertise and scientific knowledge of the borderlands," he added, calling on Congress to include funds for Interior and the Forest Service in the fiscal year 2024 budget "to make sure they have a strong leadership role going forward."
The GAO's report broadly recommends that the CBP commissioner and Interior secretary jointly document "a strategy to mitigate cultural and natural resource impacts from border barrier construction that defines agency roles and responsibilities for undertaking specific mitigation actions; identifies the costs, associated funding sources, and time frames necessary to implement them; and specifies when agencies are to consult with tribes."
The document adds that "the commissioner of CBP, with input from Interior, DOD, tribes, and stakeholders, should evaluate lessons learned from its prior assessments of potential impacts." The agencies have agreed to implement the recommendations, according to the GAO.
Building the border wall—which also increased rates of serious injuries and deaths among migrants—was a prominent pledge in Trump's 2016 campaign messaging. It was part of a broader anti-migrant platform that continued into his presidency, which also featured the notorious family separation policy.
When Democratic President Joe Biden took office in January 2021, he delivered on a campaign promise to suspend work on the wall. The following month, he ended Trump's related emergency declaration and halted funding toward wall construction. That April, DOD announced that it was canceling all border barrier projects paid for with funds originally intended for other military uses.
While Biden was widely praised for those moves, the GAO report points out that "pausing construction and canceling contracts exacerbated some of the negative impacts because contractors left project sites in an incomplete or unrestored state as of the January 2021 pause, and the sites remained that way, at times, for more than a year."
Biden—who has faced criticism from rights groups for some of his immigration policies—is seeking reelection in 2024. He is expected to face the Republican nominee. Trump is currently the GOP front-runner, despite his various legal problems and arguments that he is constitutionally barred from holding office again after inciting the January 6, 2021 insurrection.
The GAO report was released the same day as a United Nations International Children's Emergency Fund (UNICEF) alert that the number of kids traveling major migration routes in Latin America and the Caribbean hit a new record, due to gang violence, instability, poverty, and the climate emergency. As Common Dreams reported earlier Thursday, CBP has recorded more than 83,000 children entering the United States in the first eight months of this year.
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