To break down the tangled mess of truth, omissions, and propaganda in this video and tweet, here's a thread on what's been going on in Yuma—why thousands of migrants are peacefully and politely lining themselves up to ask for asylum there.
First, geography: Yuma (pop. 97,428) is located in the southwest corner of Arizona, bordering California. It's about a 2.5-3 hour drive to Phoenix.
Across the border in Mexico is Los Algodones (pop. 5,475), mostly known for its many dentists catering to American tourists.
It's not just international and state borders that are relevant here. The entire US is divided into various different "Border Patrol Sectors," each governed by a "Chief Patrol Agent."
East/Central Arizona is Tucson Sector (3,600 agents). West Arizona is Yuma Sector (800 agents).
For decades, Yuma Sector was sleepy. Even 20 years ago when the neighboring Tucson Sector routinely hit 60-70,000 apprehensions, Yuma was relatively quiet.
In 2006, the Bush admin walled off the easy crossing points in Yuma and apprehensions plummeted.
Then came 2019. And 2021.
When Trump took office, Yuma Sector was already mostly walled off—except for a 10-12 mile section running along the Colorado River outside Yuma/Los Algodones with only "vehicle barriers."
Here's @USATODAY's 2017 map. Note a very key fact—the barrier isn't on the exact border!
"Vehicle barriers" are 3-4 foot-high steel fences designed to stop vehicles, not people. Anyone can step over them.
Here's a picture of migrants walking along the US side of the barriers outside Yuma in 2017.
But here's the thing: both sides of the fence are actually US soil.
Why is the wall outside Yuma set back from the border? Because the border line is a mess. It originally followed the middle of the Colorado River, but the river shifted course during floods.
Today, the border crosses the river several times—and you can't build a wall in a river.
In 2019, asylum seekers began coming to Yuma in large numbers. Since the ports of entry were "metering" asylum seekers, most stepped over the barriers instead. Thousands were released.
On January 5, 2021, CBP declared it had erected "the last panel of the more than 107-mile wall that spans Yuma Sector’s area of operation."
Except that wasn't true. There were still "remedial security measures" to be installed in the wall—like gates.
That means there were gaps.
On January 21, 2021, President Biden took office and ordered an immediate halt to wall construction.
That left at least 4 gaps in the wall near Yuma, like this one near the Morelos Dam, where CBP was going to install a gate.
But again, don't forget, both sides are on US soil!
That brings us to 2021. When Biden took office, the most important border policy in effect was Title 42, a public health authority invoked by the CDC to allow border officials to turn away migrants without any rights.
People who can't be expelled under Title 42 to Mexico likely can't be expelled at all. DHS just doesn't have the logistical/diplomatic ability to carry out mass deportation flights.
Those NOT expelled are processed under normal immigration law—including a chance to seek asylum.
Migrants coming to Yuma in 2021/2022 are nearly all from countries OTHER than Mexico, Guatemala, El Salvador, and Honduras—primarily Western Hemisphere nations like Brazil, Venezuela, Cuba, or Colombia.
That means they're largely immune from Title 42 and by law may seek asylum.
As a result, for migrants from countries other than Mexico and the Northern Triangle, Yuma is an attractive place to seek asylum.
The cartels have less of a presence, Mexican enforcement is limited due to Los Algodones' small size, and the physical crossing is safe and easy.
From a migrants' perspective Yuma is notable mostly because of how orderly it is. Most people walk across the Morelos Dam or cross the Colorado, walk to a gap, then turn themselves in to Border Patrol.
Here are some Cuban families last December calmly waiting to be processed.
However, from the Border Patrol's perspective, Yuma is a terrible place for people to seek asylum. Since it was sleepy for so long, the physical infrastructure is quite limited.
With the Border Patrol lacking space to hold migrants for long periods of times and few nearby ICE detention centers, DHS has no choice but to release the majority of asylum-seeking migrants coming through Yuma with a notice to appear in court—and most do. americanimmigrationcouncil.org/research/measu…
The City of Yuma also lacks some of the resources that other cities along the border have tapped to respond to rising numbers of asylum seekers (like a large migrant shelter), leading to issues with street releases in 2019 under Trump and 2021 under Biden. azcentral.com/story/news/pol…
People released to seek asylum reside here legally during that process. And despite some local friction, many Yuma residents have responded with support for migrants.
Some volunteers even go down to the gap every day to share food, water, and welcome.
After requests from local officials, the Biden administration said in December that it would make an exception to its pledge not to build new wall and would close the Yuma wall gaps.
But government operates slowly. 6 months later the gaps are still there. kyma.com/news/top-stori…
Here's the key thing: building the missing gates will not stop people from coming. That's because both sides of the wall are on US soil!
Once the gates are built, what is shown here in El Paso will happen in Yuma—people cross the border, go up to the gate, and must be let in.
So here's the truth in Rep. Biggs' tweet: there is a gap, thousands of migrants are coming through it, and most (but not all) will indeed be released.
But here's what he left out: these people can't be expelled, seeking asylum is legal, and closing the gaps won't change a thing!
There's also propaganda in the tweet. People lining up calmly and orderly at the border to go through a legal process to seek asylum are not "illegal aliens," they're asylum seekers.
Also, despite the "around the world" claim, the vast majority are from the Western Hemisphere.
And that's what's going on in Yuma! I'll conclude this thread with a piece I wrote last week after the San Antonio tragedy.
Biggs and others want us to crack down, to get rid of asylum, and worse. But that will just lead to more deaths. We can do better. expressnews.com/opinion/commen…
Here's a brief addendum. @FOX9AdamKlepp has a great video showing exactly why closing the gaps won't make a difference.
This was taken from about 15 miles south of the current Yuma gaps, in another spot where both sides of the wall is built onto US soil.
You can actually see the exact spot where that video was taken on Google Maps. As you can see, migrants can simply walk onto US soil from Mexico without any difficulty whatsoever (through the dry Colorado riverbed), then cross the canal and wait outside the gate to be let in.
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There are extraordinarily few documented cases of any undocumented immigrants voting in federal elections. And noncitizen voting itself is so rare it's been measured at .0001%. Even extensive audits by GOP states have failed to produce any evidence that it's a real problem.
There is not a single documented case in American history of unlawful noncitizen voting changing the results of an election. Not one.
Sorry, but the only reason “election integrity is in serious doubt” is because of a propaganda campaign perpetuating a proven lie that there are thousands (if not millions) of noncitizens voting. There is NO evidence of that.
Immigrants aren’t stupid! They know they can’t vote!
While in theory it might be true that judges have more expertise in interpreting statutes than agencies, in practice (especially in very technical fields) this is often wrong.
I say that as someone who has watched many recent judges butcher the INA and botch the total basics.
It’s not like the agencies get it right all the time either (they often don’t), but there are many judges who are simply bad at understanding technical fields where the precedent is weird, old, and often oddly contradictory due to generations of agglomerated statutory fiddling.
Yeah, this is a large part of it too; there is a feedback loop between agencies and Congress that involves collaboration and mutual understanding.
There is no feedback loop between agencies and judges other than the process of briefing and argumentation.
I cannot express enough how much the entire basis of the administrative state has just been thrown into the air. This is a huge power grab by the judicial branch, which will now exercise a level of control over the executive branch that is utterly unprecedented in the modern era.
Crucially, the impact of the death of Chevron on immigration is... mixed. Deportation is a purely administrative law regime, and so ending judicial deference to the administrative state will actually help immigrants in some circumstances. But we won't know the impact for years.
The Board of Immigration Appeals, which until now has enjoyed Chevron deference, is going to lose substantial power as a result of this, and immigrants should fare better when challenging erroneous deportations. But immigration regulations will be more vulnerable than ever.
Here's the QUICKEST path to citizenship for beneficiaries of this program.
- I-130 + I-485, wait an average 11.2 months
- Wait 2.75 years
- File I-751, wait an average 25.3 months
- File N-400, wait an average 5.2 months
That's 6.2 years, presuming zero other delays (unlikely).
So, given best case scenarios of zero additional delays, a person granted parole in place under the new Biden admin program MIGHT be able to become a US citizen sometime in late 2030. But if there's any delays at all, that date could easily be pushed back to 2031 or later.
This tweet gives the false impression that the Biden admin is creating a new path to permanent status. This population is ALREADY eligible for a green card. What Biden's doing is helping eliminate a barrier which stops them from being able to take advantage of that eligibility.
Totally agree it’s a big deal! But it’s important to explain why, accurately. IMHO, it’s not that these people weren’t able to “get in line”—unlike for most people there actually IS a line. It’s just that getting in the line means risking a decade of separation. This fixes that.
Setting aside that there aren't 20 million undocumented immigrants (actual number is 12-15 million, depending on if you count new arrivals facing removal proceedings in the number), it's pretty dark to say the US should seize and redistribute millions of peoples' homes.
If you seriously think that this is a common thing that millions of undocumented immigrants are doing, I've got a bridge in Brooklyn I own that I'd be happy to sell you for a low, low price! Send your Venmo over now.
Living here without papers is not a crime. And you don't even need to trust me on that.
Here's Justice Anthony Kennedy, conservative, saying exactly that in 2012: "As a general rule, it is not a crime for a removable alien to remain present in the [US]."