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 is nothing more inimical to the principles that our country was founded on than a government official declaring that due process should be tossed aside.
Everyone is entitled to due process. Everyone. We thought it so important we wrote it into the Constitution TWICE.
Of course the Constitution doesn’t spell out what “due process” means in every context. It doesn’t do that for ANY process. That’s why we have laws passed by Congress and judicial precedent.
And in this context, there are laws, rules, and regulations that must be followed.
In every single major immigration raid so far, the MAJORITY of people arrested by DHS officers have no criminal record whatsoever — not even any traffic violations or misdemeanors.
In Washington, DC, it was 84% of all those arrested. In Los Angeles, 57%. In Illinois, 66%.
That is simply not true. Not only is being undocumented not a crime, but to have a criminal record requires someone to have been arrested for an offense in the past.
Neither of those offenses are relevant to the question of whether being undocumented is a crime, nor the question of whether a person who may have committed a crime for which they weren't charged can accurately be described as "having a criminal record."
This is FALSE. As the Supreme Court spelled out very clearly 125 years ago, “subject to the jurisdiction thereof” refers to three categories of exceptions, two ancient and one uniquely American.
- Children of diplomats
- Children of occupying soldiers
- Native Americans
Mr. Wong’s parents were ineligible for citizenship in a way today’s permanent residents are not. And the Court was clear that the 14th Amendment codified the ancient rule of birthright citizenship.
Also, Trump’s EO claims to bar citizenship even for children of ppl here legally.
That is exactly what the excerpt says. Read it again. “The real object of the Fourteenth Amendment … would appear to have been to exclude … (besides children of members of the Indian tribes…), the two classes of cases” recognized in common law.
Obviously I have little sympathy for this guy, given his offenses. But I do want to explain why it is that this man was still in the country and not deported under any previous admin, including the first Trump admin.
In short - because for 50+ years, Cuba refused deportations.
Florida's sex offender registry says that Mr. Milian has two convictions relating to a single court case from 1996. So he's been deportable for at least 29 years.
But from 1965 to 2017, Cuba refused to accept any deportations of people who were inside the United States. Period.
The result of this diplomatic impasse means that for 50+ years, Cuban noncitizens convicted of a crime in the U.S. and ordered removed were mostly treated like regular American ex-con. After they did their time they'd be transferred to immigration custody and eventually released.
THREAD: Judge Ellis is the first federal judge to review extensive body cam video of DHS's actions in Chicago. She finds that DHS *repeatedly* misled the public and made claims that were disproven by agents' own videos.
I'll go through some of the most egregious ones here.
On October 28, @DHSGov claimed that days earlier "rioters" had "shot at agents with commercial artillery shell fireworks," thus forcing agents to deploy tear gas and riot munitions.
Judge Ellis reviewed the video. This was completely false. The explosions were DHS's flashbangs!
@DHSgov DHS claimed that agents were forced to use riot munitions to disperse an "unruly mob" on Sept. 19.
In fact, "the scene [was] quiet," and then "almost immediately and without warning, agents lob flashbang grenades, tear gas, and pepper balls, stating 'fuck yea!' as they do so."
Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.
Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one.
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:
1. It is not a crime to be undocumented, as the Supreme Court itself has noted. 2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.