What we witnessed at the US-Mexico border

by Mary Meg McCarthy, National Immigrant Justice Center Executive Director

Last week, NIJC Director of Policy Heidi Altman and I were visiting communities along the U.S.-Mexico border with a delegation of civil and human rights organizations led by the Haitian Bridge Alliance. Our goal was to witness the human reality as the Title 42 expulsion policy expired, only to be replaced by the Biden administration’s new asylum ban rule.

Here are the reflections I shared during a press conference in Brownsville with the delegation:

“Title 42 ended, but we are not celebrating because in its place we have a new rule that creates new obstacles and punishments for people who have come to the United States in search of refuge. Late last night the National Immigrant Justice Center, ACLU, and the Center for Gender and Refugee Studies sued the Biden administration to challenge this asylum ban, which violates both U.S. and international human rights laws.

Our complaint argues that U.S. asylum laws do not allow the administration to restrict access to protection based on an individual’s manner of entry or whether they applied for asylum elsewhere. It explains that migrants cannot meaningfully seek asylum in transit countries because many lack a functioning asylum system, others have systems that are stretched to the breaking point, and most are not remotely safe for asylum seekers to find refuge. U.S. courts have recognized these principles in rejecting the previous Trump-era asylum bans that the new rule tries to combine and re-impose.

The past two days we have tried our best to explain the new rules to dozens of people who have been waiting in difficult conditions near the border, hoping for an opportunity to seek protection in the U.S. These rules are creating confusion among people desperate for safety. We are certain that people with viable claims will be barred from protection and even punished, simply because they cannot secure an appointment using a mobile app or safely wait weeks for an appointment.

People waiting to come to the U.S. are not the only ones who are confused. The immigration officers tasked with making decisions about who should be permitted to enter seem to not fully understand the rule either. We met a 17-year-old youth who said he was turned away by a U.S. Customs and Border Protection officer who denied him access to protection, which violates guidelines under Title 42 and the asylum ban rule that exempts unaccompanied youth.

I’ll end by saying that while we have witnessed a great deal of suffering, we also have witnessed profound love for humanity from border residents who have stepped up to support. Americans continue to welcome people who have been forced to make terrible journeys.?

Their efforts are a stark juxtaposition to the costly military helicopters and surveillance that are ever-present here. It is shameful how much our government is spending to keep out people who have a right to seek protection. President Biden and Secretary Mayorkas, you have made a terrible mistake. Each day this asylum ban continues deepens your legacy as the administration that dismantled our asylum system.”

Beyond the border, NIJC continues to provide legal support to newly arrived migrants through the Chicago Immigration Court Helpdesk and we are planning clinics to guide people who are eligible for asylum through the process of filing their applications on their own. We also continue to demand that the Biden administration increase financial support for U.S. communities like Chicago and Brownsville to humanely welcome people seeking asylum and allow more people to have legal counsel as they navigate immigration laws that are now more complex than ever before.

To learn more about what we experienced:

• Watch a recording of the press conference
• Read the delegation’s statement
• See the delegation's report detailing the harms of the new asylum ban