As usual, so much vying for our attention. But tonight two members of Biden team gave the most detailed interview to date abt incoming Admin’s plans for dealing w asylum, Central American migration, & the southern border. It was more a statement of purpose than an action plan. 1/
There are very encouraging signs and, as expected, some lacunae. A few noteworthy details: (1) The advisors said Biden will “expand legal pathways for migration...allowing people to apply for refugee resettlement & temporary worker and employment-based programs” in the region. 2/
All presidential admins (some MUCH more cynically than others) stress the dangerousness of the overland journey to the US. It obviously *is* dangerous. It’s also true that large #s of those arriving at US border don’t qualify for asylum under strict dictates of US imm law. 3/
All legal/policy/humanitarian experts I consult agree: there need to be *more* ways, not less, to give people a chance both to seek asylum & come to US legally (if not permanently) to work. Regional processing helps w this. Language used by Biden team is good in this regard. 4/
What else is striking abt Biden team’s language from interview? (2) Asylum officers will adjudicate claims. This is on the progressive wish-list. It’s a practical and humane way to give people speedier relief and take pressure off of a beleaguered immigration court system. 5/
3) “Other innovative programs to reduce reliance on detention.” The devil will be in the details here, like everything else, but any signal that the new Admin will explore alternatives to detention for those awaiting legal findings in their cases is welcome & sorely needed. 6/
(4) Biden assails the “asylum cooperative agreements” with Guate/El Salvador/Honduras adopted during Trump era. These deals masqueraded as a “regional approach” to asylum, but “solved” the problem at the US border by ending asylum there, & forcing migrants to other countries. 7/
These deals (which were also more popularly known as safe third country agreements) are, in the words of the Biden team, “not who we are as a country.” 8/
Lastly, there are a few esp complex policy matters at border in the immediate term. Biden advisors reiterate that the President will end MPP/Remain in Mexico, which has forced tens of thousands of people into northern Mexico to wait for asylum hearing by US immigration judges. 9/
Arguably, until recently, no single policy has had a greater impact on asylum seekers. A real nightmare. There are currently more than 20K people stuck in northern Mex & thousands of others who abandoned their claims or were shunted away. Fixing this is urgent but also hard. 10/
Biden team hasn’t gone into specifics abt how, exactly, it’ll go abt getting people to safety & giving them their asylum hearings. It would be great to have concrete details now. But, in fairness, the logistics are technical & complicated. This will be a huge one to watch. 11/
The Biden team, in this interview, is also circumspect abt lifting the CDC’s public health order (Title 42), which the Trump Administration adopted in March. In the name of public health, due to Covid, Trump Admin has used this order to turn away 90% of those seeking asylum. 12/
It’s now been amply documented that the Trump Admin adopted Title 42 in bad faith, over the objections of CDC personnel & public health experts. There was no public-health justification for this, and, in fact, it reflected longstanding xenophobic fantasies of WH inner circle. 13/
That said, there are legit concerns abt how the incoming admin can handle the arrival of large #s of people in coming months (due to Covid, hurricanes in the region, continued violence, poverty, Trump’s exit). Title 42 authority is the crucible where these anxieties play out. 14/
A whole lot can be written abt Title 42. Already a federal judge has halted the policy as it applies to unaccompanied kids. The epidemiologists I interview all say there’s NO public-health rationale for a policy that keeps out asylum seekers due to COVID at this point. 15/
In a general sense, though, it’s also true that the US borderlands have been hit very hard by the pandemic. Large #s of CBP personnel are infected. Hospitals are full. Questions remain abt how to get PPE, testing, & social-distancing protocols into place at the border. 16/
So it’s not a big surprise that the Biden team isn’t offering tons of specifics on this just yet. Much more to come! End/

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More from @JonathanBlitzer

30 Oct
Absolute blockbuster report from @aflores w an early look at unpublished DHS IG report. At the peak of the family separation crisis in spring/summer of 2018, DHS officials insisted that there was a right and a wrong way to seek asylum at the border. 1/ buzzfeednews.com/article/adolfo…
The "wrong way" was to cross the border *between ports of entry*. Anyone who did this was fair game for prosecution (i.e. separation from children). The "right way" was to ask for asylum at ports of entry. (This formulation isn't accurate or legal, but that's another issue.) 2/
According to this report, DHS was doing 2 things at the same time as it was telling people (falsely) that their only legitimate option for seeking asylum was to go to ports. (1) It formally instituted metering *at the ports* as a way to keep out up to 650 immigrants per day. 3/
Read 6 tweets
16 Sep
We're at DefCon1 levels of *gross mismanagement* @DHSgov at this point, where each day brings another massive scandal. So many of these scandals are unfolding at once, in real time, that it's worth highlighting the basic chronology of a few of them from past couple of weeks. 1/
(i) "Dept has been using major hotel chains to detain [hundreds of] children & families taken into custody at border, creating a largely unregulated shadow system of detention and swift expulsions." 2/ nytimes.com/2020/08/16/us/…
Some context: This comes at a time when the Administration is using the pretext of the public health crisis (Covid) to openly flout immigration law--ignoring asylum, deporting unaccompanied kids, and dreaming up further cuts to legal immigration. 3/ propublica.org/article/leaked…
Read 9 tweets
10 Sep
All through the 80s, the US gov denied asylum applications from Salvadorans & Guatemalans at exorbitantly high rates for political reasons: the US was supporting the regimes that were brutalizing their own people & forcing them to flee. 1/
The political logic was simple & brutal: if the US granted asylum claims, then it would have to acknowledge that the Salvadoran and Guatemalan governments it was propping up (with aid $$, military advisors, etc) were murderous and incorrigible abusers of human rights. 2/
Eventually, after major legal challenge, US gov't conceded that it had politicized the asylum process & violated national (& int'l law). The settlement that followed (ABC v. Thornburgh) gave hundreds of thousands of Central Americans another chance at asylum/legal status in US 3/
Read 5 tweets
10 Sep
The DHS whistle-blower complaint provides even more evidence of how the dept has simply become a cesspool of Trumpism. There's one set of details concerning Central America that seems worth calling attention to, since it may get overshadowed by all the other scandalous stuff. 1/
"In Dec 2019, Murphy attended a meeting w Cuccinelli & Glawe to discuss intelligence reports regarding conditions in Guatemala, Honduras, & El Salvador. The intelligence reports were designed to help asylum officers render better determinations regarding their legal standards.2/
Murphy presented the reports to Cuccinelli in the meeting. "Murphy defended the work in the reports, but Cuccinelli stated he wanted changes to the information outlining high levels of corruption, violence, & poor economic conditions in the three respective countries." 3/
Read 6 tweets
5 Sep
A question in the form of a thread: I genuinely wonder how Chad Wolf is trying to position himself at this point. He’s become Trump’s first DHS head (acting) to fully embrace (& amplify) every politicized whim & crackpot demand from WH. And to try to identify himself w Trump. 1/
All of his predecessors (Kelly, Duke, Nielsen, McAleenan) did truly shocking things in support of the President’s agenda. But each of them tried to style him/herself as an independent actor, struggling to balance a department against an erratic President. 2/
That struggle was a cynical act, to be sure. But it reflected some recognition and awareness of a life beyond Trump; that they’d have to answer for themselves in some fashion, however superficially, down the line, whether in the private sector or in future public service. 3/
Read 7 tweets
21 Jul
A recurring theme in the convos I’ve been having w former DHS officials is a sense of alarm—not just abt all the lines being crossed in Portland, but also abt how the Admin is sabotaging the dept’s standing by reducing agents to “foot soldiers” for an overly political WH campaign
One particular sore spot: While DHS leadership is mugging for the cameras, talking tough on social media, and picking fights with city and state officials, there are about to be massive staff furloughs at the Customs and Immigration Services (USCIS) because of budget shortfalls.
It’s no wonder why: USCIS is in charge of administering the country’s legal immigration system. Former DHS official told me: “The Administration is effectively shutting down our country’s congressional mandated legal immigration system by furloughing nearly 3/4 of USCIS...
Read 4 tweets

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