Last week ImmDef's Directing Attorney of our Cross-Border Initiative in San Diego, @CargioliM, was in court on the first day of resumed MPP 2.0 hearings to observe. This thread details what she witnessed. #EndMPP #RestoreAsylumNow #WelcomeWithDignity #AccessToJustice
Asylum seekers in MPP only have from 10 to 12 to potentially meet w/ lawyers on their day in court. That is if they can find a lawyer willing to represent them while being forced to remain in Tijuana, one of the most dangerous cities in the world. #DueProcess #AccessToCounsel
On the first day of MPP court in San Diego since the Biden administration decided to resume the deadly program, there are two judges hearing 7 cases. In the days and weeks ahead these numbers will sadly increase as more and more human beings are placed into MPP.
In court we saw both men and women who were put into MPP and forced back to Tijuana. Our team has spoken to respondents who did not understand they could call an attorney to seek help to not be sent back to Mexico. They didn't understand their rights. #AccessToCounsel #DueProcess
As the hearings started, the asylum seekers are in one courtroom while the judge and interpreter appear via video. The DHS atty appears via webex video. Having everyone appear via video only adds to confusion for asylum seekers in hearings where their lives are at stake. #EndMPP
Immigration judge started by asking an asylum seeker if he signed certain court documents. The judge noted that there are no signatures on the required documents in the file. He questioned DHS about service. DHS atty can't confirm whether the asylum seeker was properly served.
The judge took a recess to give DHS time to serve properly and for the respondent to review the documents. Immigration judge noted that this is only possible because there were only two cases set for his docket that day. He noted this would be problematic on any other day.
In another case an asylum seeker told the judge that he can't afford to pay an attorney to represent him. The judge told him that he can always represent himself, but that immigration is very complex & complicated. We all know he has almost no chance of success without a lawyer.
We moved to another courtroom where a female asylum seeker was being told by the judge that she needs to keep calling the attys on the list she has been given to find someone to represent her. All of us know it is unlikely any attorney on that list will be able to help her .
The judge asked the asylum seeker "do you have an address in Mexico?" The female respondent explained that she was staying at a migrant shelter but that her stay expires that same day. She told the judge she is very afraid to be sent back to Mexico. #EndMPP
One of the female respondents, the one who expressed fear of returning to MX, was told by judge that she was given documents by DHS at the border. She insists she was not. He describes the documents. Court clerk then looks through the file & realizes she was never served the docs
One of the female asylum seekers was sitting alone in the back of the courtroom and while looking over the documents she has been handed she blurted out "I don't understand anything. It's all in English." #DueProcess
In the last case was we observed the judge asked the young male asylum seeker whether he has family in the US. He answered that his wife is a legal permanent resident. As soon as the hearing is over he will be forced back to MX to horrific conditions. #FamiliesBelongTogether
As the Biden admin grows & entrenches MPP 2.0, ImmDef will continue to bear witness to the human rights violations at our border. We will continue to fight alongside & stand in solidarity with all asylum seekers who come to seek protection. #EndMPP #EndTitle #WelcomeWithDignity
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