Since 2010s, number of people requesting asylum while attempting to enter U.S. has gone up, and raised stakes for screening process we use at border. I discuss this a bit here; more from me in writing shortly. WE NEED NEW PROCESS, and MORE PROTECTION. wola.org/analysis/peopl…
I talk about asylum officers a lot here. I neglected to mention (because I got sidetracked) what a noble fight many asylum officers put up to some of the Trump administration's anti-asylum policies. There is a lot we can work with to make the asylum office great!
I also didn't get to say that: besides rolling back Trump administration's restrictions on asylum eligibility, we must screen people from Central America for complimentary protection. This exists in Europe and it should exist here--so we don't deport people to real harm.
But the key issue I'm working out: Of course we should not be expelling people under Title 42. What should we put in place instead? To meet today's need, to avoid "crises" in coming years, to make asylum at the border about fairness and not a political hot potato.
Just listened to this and realized I misspoke at one point. I said that most expedited removal wasn’t at border when it first began (late 1990s and early 2000s)—but meant to say that most asylum seekers were not asking for it at the border and so not in expedited removal!
Last: as I was focused on border processing I didn’t get into another reason many don’t consider Central Americans refugees. We have not had a clear eyed reckoning regarding US responsibility for creating refugees from the region through foreign policy and deportation policy.
One more: I’m excited for the book I’m writing but didn't explain my research well at the end of the podcast. Here’s a summary (and promo for UT’s amazing IHS). The dissertation had been 1880-1980 but I’m bringing the book up to present w/ border chapter.
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I've got to say: there is a long standing problem with stash house raids. As I wrote two years ago, assuming the migrants held there are people who deserve protection rather than deportation is not customary.
"CBP and ICE press releases about raids on stash houses where migrants were held against their will do not suggest that migrants were advised of their ability to apply for visas as victims of trafficking. Migrants were arrested and “processed for immigration violations.”
It's also true that, even if they were to apply for these visas, USCIS has tended to rule that "being held captive, physically abused, and forced to work in a stash house does not merit a T visa" as a victim of trafficking.
You know what I hate? The insistence that US asylum system was born after WWII. THE US DIDN’T SIGN UN REFUGEE CONVENTION IN 1952. US had an ad hoc refugee program till 1980. It would be generous to say asylum was born AT THE BORDER w/ 1980 Refugee Act. It’s been a struggle since.
I say this as a Jew whose paternal grandparents came to the US as displaced persons after WWII in one of the resettlement programs Congress established for discrete populations. US border with Mexico and the Western Hemisphere in general have been treated differently.
And this trade off of security at the border for immigration reform affecting people already here has been a toxic part of our politics since the 1980s and it’s time to let go. It hasn’t led to compromise or progress.
You'd think, given this has been going on for a decade, policy makers would not be surprised. It's been pretty consistently large migration flow for many years. Something we should plan for and accept. Period.
The flow started EARLIER than MPI tracks. And led to a major shift in the way that the UNHCR approached migration in the hemisphere. This was YEARS AGO. unhcr.org/en-us/children…
Remember Enrique's Journey? A hugely important book, published back in 2007! Or the scholarship of Jacqueline Bhabha, who has been tracking the rise in child refugees all over the world for over a decade.
Part of what this video shows is that family separation is not merely a product of "zero tolerance." Mirna's family traveled together. But they were separated because of an insistence by DHS on keeping someone detained (Mirna's husband) as a "deterrent."
Short thread: When I started doing historical research on immigration, I was SHOCKED that only a small number of precedent BIA decisions are available to the public in volumes published since 1940. This decisions orders release of non-precedent decisions back to 1996.
There is no library open to public where a scholar like me can go find BIA unpublished decisions from the 1960s, 1970s or 1980s, for example, which would really help to understand the history of the evolution of immigration law (beyond merely legislative history).
Further, unpublished BIA decisions have not been deemed important enough for the National Archives to keep permanently. Ones from 50 years ago have likely already been destroyed. THIS IS ABSOLUTELY OUTRAGEOUS.
Here are 10 questions I'm loosing sleep over regarding asylum at the border:
1) What process will the Biden administration put in place to help those who are already in MPP and have been waiting in danger in Mexico for a long time? Will it use parole for those with pending cases? What of those ordered removed and deported in abstentia?
2) Will the administration lift or change the CDC order so that asylum seekers can seek protection at the border?
3) If yes, will it rely on metering? Will it rely on swift screening that does not provide adequate due process? Will it shift away from detention?