We're celebrating Migration Day this week! We invite you to join us in honoring all migrants, past and present.
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We're re-branding Columbus Day as Migration Day, a more inclusive label that better reflects American history. The United States was, after all, first inhabited by nomadic Native American tribes, then discovered by explorers and refugees fleeing persecution in Europe.
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From Irish fleeing the Potato Famine of 1845-1849 and Chinese coming for the Gold Rush of 1849-1855 to Mexicans coming to work under the Bracero Program of 1942-1964 and El Salvadorans fleeing the civil war of 1979-1992 the United States has been shaped by migration from all parts of the globe. Seeking freedom and opportunity, our ancestors came and established a nation where everyone can dream and work hard for a better life for themselves and their children. Today we honor all those who came before us and those who join us today, whether that is to study, work, join their families, or seek refuge. We invite you to join us in honoring them.
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Tent courts in Laredo used for Remain in Mexico cases; Rio Grande River and bridge in the background. Photo above: Bridge and walkway to tent courts. Photo credits: Migrant Center for Human Rights (10/08/2019).
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Special Report from the Border:
Working with MPP Refugees in Laredo
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In January 2019 the Trump Administration announced the "Migration Protection Protocols" (MPP), commonly known as the Remain in Mexico Program, through which asylum seekers are sent back to Mexico to wait for their Immigration Court cases to be resolved. Initial master calendar hearings are being scheduled from anywhere between two months to six months out, with final merits hearings about three months after that in the quickest of cases.
This has created a humanitarian crisis, with poor families being forced to sleep on the street, prime targets for extortion and kidnapping and rape. It has enriched Mexican drug cartels and forced many to move away from the border and abandon their claims for protection. Despite these challenges, a surprising 61% of asylum seekers are still making their way back to court (5,161 / 8,448 as of August).
The program is now being run in six U.S. cities, including Laredo, where our Executive Director traveled last week to help advise on cases with the Laredo Project (the program started in San Ysidro, CA in February, and expanded to Calexico, CA and El Paso in April). Recent reports put the total number of individuals placed in MPP at approximately 45,000, including 16,000 under 18 years old and 500 infants. In July the program expanded to Laredo and Brownsville (and most recently in September the government expanded it further to Eagle Pass). By August Laredo had the second highest number of MPP cases in the country after El Paso at 6,357 asylum seekers with Brownsville close behind (6,316).
As of July, 22.3% of total cases scheduled for court in FY2019 were placed in MPP (11,804 / 53,007). This percentage is likely even higher now due to the increasing number of MPP cases while overall arrivals have declined. DHS estimates 100 Immigration Judges need to be shifted off of their current dockets to hear MPP cases via televideo. This is 25% of the country's Immigration Judges, who are already under extreme pressure to clear the backlog of over 1 million cases. One Migrant Center client has already had his San Antonio merits hearing date cancelled due to MPP like others who have been waiting in line for years to obtain legal status. Instead of allowing new asylum seekers to reunify with family and friends in the U.S. while they go through the court process, DHS has said it needs to transfer $155 million from disaster relief funds to build border tent courts for this program.
Overall, as of August, court data shows that only 1.52% of MPP asylum seekers are finding attorneys (582 / 38,291) to represent them. In Laredo, the most recent data from August shows that out of the initial 6,357 asylum seekers placed in MPP only 3 had found attorneys (.05%). The Laredo Project is now representing about 50 asylum seekers (2,500 hours of legal work according to ABA case preparation time estimates). Clients represented by the Laredo Project have a 100% appearance rate (v. 61% overall).
It is incredibly challenging to prepare an MPP case. Due to the danger, cost, and time involved in traveling to Mexico very few attorneys are able to take these cases or work effectively with their clients. During our Executive Director's trip to Laredo, she interviewed asylum seekers from Cuba, Venezuela, Honduras, and El Salvador via phone and WhatsApp who were living in shelters and apartments in Nuevo Laredo, Reynosa, and Monterrey.
Even in the best of circumstances, where someone is lucky enough to obtain a paid or pro bono attorney, there are serious due process issues. Due to the impossibility of having regular, private face-to-face meetings, concerns exist about the comfort clients have speaking about the persecution they suffered, making it extremely difficult for attorneys to gather the information necessary to prepare their cases, whether that is by preparing a detailed declaration or presenting relevant testimony in court on the danger their clients face.
This program must end. It is a violation of our Constitution's due process protections and has created a severe humanitarian crisis. Call on your member of Congress to end Remain in Mexico today. Congress also has the power to conduct oversight and use its power of the purse to not give DHS or DOJ funding for this program. The time to act is now.
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Want to learn more?
Join us for a community discussion at Trinity University this Thursday October 17th, 7:30pm - 9:00pm, Chapman 126.
Register for our webinar legal training on how to work with refugee trauma survivors here.
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The Migrant Center is fighting for refugees every day on the ground in Texas. Please join us helping refugees receive protection in the U.S.
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The Migrant Center's ability to provide legal services to detained refugees depends on the generous support of individuals like you.
We sincerely thank you for your help.
Muchisimas gracias!
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