Migrants leave Huixtla, Chiapas state, Mexico, on October 27 as they continue their journey north to the northern Mexican states and the US border.
Marco Ugarte / AP
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Marco Ugarte / AP
Migrants leave Huixtla, Chiapas state, Mexico, on October 27 as they continue their journey north to the northern Mexican states and the US border.
Marco Ugarte / AP
SAN DIEGO – Migrants trying to enter the United States will have to stay in Mexico again as they await immigration hearings, as the Biden administration reluctantly announced plans on Thursday to comply with a court order. and accept the conditions set forth by Mexico for the resumption of the Trump-era policy.
Mexico’s foreign minister said Mexico would allow a return, starting next week, under a concession from the United States “for humanitarian reasons and for temporary stays.”
The revival of policy “Stay in Mexico” was brought in by court order even as the Biden administration maneuvered to end it in a way that would persist with legal oversight. President Joe Biden scrapped the policy, but a lawsuit by Texas and Missouri forced him to put it back into effect, subject to Mexico’s acceptance.
About 70,000 asylum seekers were subjected to a policy that President Donald Trump introduced in January 2019 and which Biden suspended on his first day in office.
Crossing the border illegally decline after Mexico, facing the threat of higher Trump tariffs, approved in 2019 a rapid expansion of the policy. Asylum seekers are victims of massive violence while waiting in Mexico and face a range of legal obstacles, such as access to lawyers and case information.
The migrants are expected to be returned starting Monday in one border city and shortly thereafter in three other cities, US officials said. It’s the intersection of San Diego and Texas in El Paso, Laredo, and Brownsville. The sequence is yet to be determined.
The Secretary of Homeland Security says the policy has “endemic flaws”
Department of Homeland Security say Thursday that it acted to comply with the court order, but Minister Alejandro Mayorkas believes the policy “has common flaws, imposes unwarranted manpower costs, and pulls resources and personnel away from prioritization efforts other priorities and fail to address the root causes of irregular migration.”
The dual announcements follow tense discussions between the US and Mexico after US District Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, ordered the policy reinstated, with Mexico’s participation. .
The new iteration of the policy, outlined by Biden administration officials to reporters, who spoke on condition of anonymity, includes major additions and changes requested by Mexico.
Migrants arrive at Villa Comaltitlan, Chiapas state, Mexico, on October 27.
Marco Ugarte / AP
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Marco Ugarte / AP
Migrants arrive at Villa Comaltitlan, Chiapas state, Mexico, on October 27.
Marco Ugarte / AP
All migrants subject to this policy will be vaccinated against COVID-19. Adults will get the Johnson & Johnson vaccine, just one shot. Children eligible under US guidelines will receive a Pfizer shot, with a second shot when they arrive in the United States for their first hearing.
The US will attempt to finalize the cases within 180 days, a response to Mexico’s concerns that it will delay. The Department of Justice is appointing 22 immigration judges to work exclusively on these cases.
US authorities will ask migrants if they fear being returned to Mexico instead of relying on them to voice their concerns. If migrants express fear, they will be screened and given 24 hours to find a lawyer or representative.
The US is working hard to ensure the safety of migrants
The Biden administration is working to ensure the safety of migrants as they enter and leave the courts, including within Mexico. Migrants returning from Laredo and Brownsville, where Mexican border cities are particularly dangerous, will be moved to locations further inside Mexico.
Migrants from Western Hemisphere countries will be eligible. US officials have not said how much will be processed daily. The administration has adopted a different policy from the Trump era that allows it to bring Central Americans back to Mexico on the pretext of preventing the spread of COVID-19.
Migrants will have the opportunity to meet with an attorney before each hearing. The State Department is working with Mexico on locations for US attorneys to access video and phone
Mexico says unaccompanied children, pregnant women and others should be exempt
The changes reflect many of the conditions Mexico laid out in a press release last week. Mexico also said “vulnerable” people should be exempt, including unaccompanied children, pregnant women, people with physical or mental illnesses, older adults, indigenous peoples and members of the LGBTQ community.
“The Government of Mexico reaffirms its commitment to the rights of migrants as well as to safe, orderly and regulated migration,” Mexico’s foreign minister said in a statement confirming that the country accepts the changes and additions of the Biden administration.
Mexico is also seeking money from the US for shelters and other organizations to significantly increase support for migrants waiting in Mexico.
Many US-based legal aid groups that have represented asylum seekers waiting in Mexico have said they will no longer be taking such cases, raising questions about how the US can respond to Mexico’s insistence on better access to attorneys. Regulatory officials say they believe there are enough other attorneys to represent asylum seekers sent back to Mexico.
