Details examples of human rights abuse by CBP personnel, reported by migrants to asylum officers and uncovered by a Freedom of Information Act lawsuit.
The latest in a series of updates about the harms of the Title 42 expulsions policy.
Mexico solidifies role as bulwark against U.S.-bound migration
On September 5, for the fourth time in about a week, Mexican immigration agents and militarized National Guard personnel broke up a “caravan” of migrants in Chiapas, near Mexico’s southern border with Guatemala.
Perhaps 800 people, mostly from Haiti, Central America, Cuba, and Venezuela, many of them parents with children, sought to leave en masse from the southern border-zone city of Tapachula on September 4. They got about 30 miles up Chiapas’s Pacific coastal highway to the town of Huixtla, where most bedded down at a basketball court.
There, before dawn on the 5th, about 200 agents and guardsmen descended on the migrants. The Mexican forces spent the next eight hours chasing people through Huixtla and its environs, capturing many and hauling them away in vehicles. An unknown number escaped.
“We saw many people injured and wounded, in states of shock and fear,” reported Isaín Mandujano at Chiapas Paralelo. “Many people stated that the INM [Mexico’s National Migration Institute] took their documents and belongings during the operation.” Human rights defenders alleged that agents deliberately separated families “as a coercion strategy” to get people to turn themselves in. “They began to hit me all over,” a woman told the Associated Press “amid tears, alleging that police also beat her husband and pulled one of her daughters from her arms.” A Honduran man told Chiapas Paralelo that a National Guardsman threw him to the ground and hit him with his rifle butt. As the UN High Commissioner for Human Rights’ Mexico office noted, INM and National Guard personnel also acted aggressively toward human rights defenders and journalists present in Huixtla, interfering with their ability to monitor the situation.
“So far the strategy of the authorities is to allow the migrants to walk, let them get tired, and then launch operations to detain them and return them to Tapachula,” observed reporter Alberto Pradilla at Animal Político. Some, however, are being expelled into Guatemala, even if they have documentation indicating that their asylum cases are pending.
While they await decisions on their petitions, Mexico requires asylum seekers to remain in the state where they filed their requests. For most, that means Chiapas: the country’s poorest state. Of the 77,599 people who have requested asylum in Mexico this year through August—a number that already breaks Mexico’s full-year record for asylum requests—55,005 applied in the Tapachula office of Mexico’s beleaguered refugee agency, COMAR. The agency is so badly backlogged that asylum case decisions—which used to come within 45 working days, before pandemic-related measures removed the deadline—are taking many months: a migrant who starts the asylum process in Tapachula today might receive an interview appointment date for January or February.
For tens of thousands of migrants from Haiti, Central America, and elsewhere, this means many months confined to Tapachula, a city of 350,000, with almost no ability to earn an income. With shelters long since filled, migrants are sleeping in slum housing, parks, and streets throughout what Pradilla and Chiapas Paralelo’s Ángeles Mariscal are calling a “city-jail.” Many of the caravan participants claim they are seeking simply to relocate to other parts of Mexico where they might find employment while they wait for COMAR to consider their petitions.
“What is collapsing us in Tapachula is the unusual arrival of Haitians who are not refugees,” COMAR’s coordinator, Andrés Ramírez, alleged in Animal Político. “They do not come from Haiti, they come from Brazil and Chile, but due to the lack of migratory alternatives they come to make their request with COMAR, oversaturating our asylum system and placing us in a very complicated situation to the detriment of those who really need protection.” Enrique Vidal of the Tapachula-based Fray Matías de Córdova Human Rights Center responded that the Haitians are, in fact, “de facto asylum seekers” because they’ve begun the procedure and deserve due process—or some other form of international protection inside Mexico, because their lives and integrity may be at risk if they are deported.
If its just-released 2022 budget request is any indication, Mexico’s federal government does not plan to expand COMAR’s capacity to consider asylum requests. Adjusting for inflation, the request for 45.7 million pesos (US$2.3 million) would represent a 0.58 percent reduction in COMAR’s budget from 2021 to 2022. (The INM’s budget would increase by 0.29 percent.)
Haitian and Honduran migrants interviewed by Chiapas Paralelo allege corruption at both the INM and COMAR. “It takes more than 8 months to get a humanitarian visa, but if you have 4,000 dollars, or 5,000 dollars, it will be granted,” said a man whom the publication identified as a leader of the failed fourth caravan. “They tell us that the [COMAR asylum application] process is free, but there are people who ask us for money to enter, there are people who tell us that we have to hire a lawyer,” said a Haitian migrant. Others contend that middlemen offer to quickly secure humanitarian visas for US$1,300 or refugee status cards for US$4,000 to US$5,000. COMAR insists that it does not tolerate any corrupt behavior.
Human rights defenders and migration experts are raising the volume on their calls for Mexico to change course. “We call on the Executive Branch, the Ministry of the Interior, the National Migration Institute and the National Guard to put an end to the repression, detention, and violence against forcibly displaced persons, and to provide real strategies to solve the root causes of this displacement,” reads a statement from numerous Mexican human rights groups.
Emilio Álvarez Icaza, a former Executive Secretary of the OAS Inter-American Commission on Human Rights and now an independent senator, held a press conference to demand that top officials testify about the numerous abuse allegations coming out of Chiapas. The National Guard and INM are “out of control,” the senator said. “What Mexico is doing is the dirty work of the United States, first Trump and now Biden. We did not create the National Guard to chase migrants, but to fight crime.”
Tonatiuh Guillén, a longtime migration expert who headed the INM during the first six months of President Andrés Manuel López Obrador’s term, told Spain’s El País that the images of abuse in Chiapas “portray a profound regression of this government’s migration policy, which I believe had started out with a very different scenario, one of respect for human rights. We’re on the other side now.” This, Guillén added, is a result of Mexico’s “institutional internalization of the containment agreements established with the Trump Administration.” Now, “it is in line with militarization. The INM and the Guard are acting as though they’re confronting an enemy.”
WOLA’s Mexico and Migrant Rights Program Director Stephanie Brewer published a commentary calling on the Biden administration to “cease pressuring Mexico to act as an externalized U.S. border that blocks, contains, or deports as many migrants as possible, a bilateral focus that has led to a series of rights-violating practices. Current policies are producing outcomes as dangerous as they are absurd.”
“We don’t accept pressure from any government,” said President López Obrador in one of a few daily press conferences at which the migration issue came up this week. “Yes, we have this situation that concerns us and that we are dealing with, but it’s not because we’re puppets of the U.S. government, it’s because we’re putting things in order and helping, protecting.” López Obrador alleged that a “disinformation campaign” by his political adversaries is behind many of the allegations of human rights abuse and corruption.
“We do this,” the president said, “because we have to care for the migrants, though it seems paradoxical. If we allowed them to cross to the north of the country to cross the border, we would be running risks, many risks. We just rescued a very large group of migrants in the north who were practically kidnapped.” (Anarticle at the Mexican publication Lado B explores how Mexican migration authorities favor such euphemisms to describe their work: “rescues” instead of “apprehensions,” “repatriation” instead of “deportation,” “migratory stations” instead of “detention centers.”)
López Obrador mentioned that two INM agents had been fired for kicking a migrant on video during an attempted caravan the previous week. Francisco Garduño, the INM’s commissioner, told reporters that “more will also have to be fired,” but did not know how many more agents face abuse allegations. Asked about videos showing personnel beating migrants, the National Guard’s commander, retired Gen. Luis Rodríguez Bucio, responded only, “Todo tranquilo, estamos trabajando”—“don’t worry, we’re working on it.”
The Mexican president called on the United States to accept more migrants in order to face its labor shortages, and to provide more assistance to Central America. “That is what is going to be raised again today with the U.S. government, that work be done immediately in Central America because there has been nothing for years.”
By “today,” López Obrador was referring to a September 9 “High Level Economic Dialogue” meeting in Washington, inaugurated by Vice President Kamala Harris. That dialogue’s agenda has four “pillars” of which “pillar two” is “Promising sustainable economic and social development in southern Mexico and Central America,” something Mexico’s president has been advocating for years. López Obrador has particularly sought U.S. support for a program that would pay Central Americans to plant trees; the Biden administration has not yet committed to that. At the September 9 meeting, Mexican Foreign Relations Secretary Marcelo Ebrard gave his counterpart, Secretary of State Antony Blinken, a letter from López Obrador with a proposal for creating employment opportunities in Central America.
The Biden administration is scaling up its dismantlement of MPP, allowing those asylum seekers who had had their cases closed or removed in absentia to come to the U.S. to pursue their original asylum claims. Since February, around 12,000 migrants have been able to enter the U.S. with pending MPP cases, and this change in policy should greatly scale up the number of migrants allowed to pursue their asylum claims from within the U.S. Still, for many asylum seekers, this policy change comes far too late, many migrants under MPP being victims of rape, kidnapping, and assault. The Biden administration has been criticized for its slowness in dismantling MPP and restoring proper access to asylum seekers.
TRAC of Syracuse University released new data revealing a significant slow down in asylum cases being transferred out of MPP and over to U.S. immigration courts. During the month of May, only 1,988 cases were transferred out of MPP, which is down 55% from the 4,476 cases transferred out the previous month. It seems it is becoming more and more difficult to locate and identify the migrants living in border towns who should be allowed entry into the U.S.
On Wednesday, June 16th, Attorney General Merrick Garland reversed the Trump-era decision which prevented people from seeking asylum due to credible fear of domestic abuse or mass violence. This decision reinstitutes gang violence and domestic abuse survivors as a special social group which allows them to seek asylum in the U.S. This will affect thousands of migrants, as many domestic abuse and gang violence survivors have immigrated to the U.S. since 2013 and many of those cases are still being adjudicated.
The Biden administration announced a plan to fast-track the hearing process for asylum seekers arriving at the southern border. Using a Dedicated Docket process, immigration judges hearing cases in specifically dedicated major cities would decide cases within 300 days of an initial hearing. It is important to note, though, that some migrant advocacy groups worry that prioritizing speed may come at the sacrifice of due process.
Due to pressure from advocates and a lawsuit raised by the American Civil Liberties Union, the Biden administration has conceded to narrow changes to Title 42 expulsion policies. These changes include an end to both lateral expulsion flights and late night expulsions. The Biden administration has also agreed to allow up to 250 vulnerable migrants into the U.S. per day, working with a consortium of nongovernmental organizations to identify at-risk migrants. These concessions are meant to buy the Biden administration time before the public health order is fully lifted.
Close to 100 migrants expelled across the border into Reynosa walked on to the Hidalgo International Bridge to protest expulsions and to call for the Biden administration to let them in.
The Biden administration will nominate Ur Jaddou, a longtime Democratic immigration policy official, to lead USCIS.
The Biden administration has flown around 2,000 asylum seekers from Texas to San Diego to be expelled across the border into Tijuana, all of whom are families with children. Many were never given a chance to tell their stories to Border Patrol, and many reported inconsistent and arbitrary decisions made by CBP.
April 1, 2021 The Biden administration is considering a proposal to allow asylum cases to be adjudicated by DHS in addition to immigration courts in order to reduce backlog and speed up the process.
White House Press Secretary Jen Psaki announced at a press briefing that the Biden administration is restarting the Central American Minors program, a policy started under Obama that allows minors in Central America to start the asylum process in their country of origin.
15,000 of the 25,000 asylum seekers eligible to enter the United States as the Biden administration rolls back the Remain in Mexico program are already in line, according to the UN.
A group of 27 asylum seekers from the Matamoros refugee camp entered the United States on Thursday, the first from the camp to be admitted amid the beginning of the end of Remain in Mexico.
UN agencies began processing individuals and families enrolled in the Remain in Mexico program from the Matamoros migrant camp for entry to the United States. Both the US and Mexican governments have asked the UN to aid in the process, and the International Organization for Migration is administering Covid tests to migrants.
Some Remain in Mexico enrollees are being allowed into the United States as of Friday, February 19, first at the San Diego port of entry and later through Brownsville and El Paso as well. Processing will be slow at first, with only a few hundred entering per day.
A Honduran father and son were among the first Remain in Mexico enrollees to be admitted into the U.S. under the Biden administration. While in Mexico, the father was kidnapped, beaten, and held for ransom.
Although the Mexican government promised to provide upwards of 3,500 jobs for migrants in the Remain in Mexico program, according to the Mexican Secretary of Labor only 64 were actually employed due partially to the fact that many migrants were never issued work permits.
Freezing weather, with temperatures dropping to 25 degrees, has hit a migrant camp in Matamoros where Remain in Mexico enrollees await their turn to enter the United States.