Posted on September 9, 2021 by sethlerner1964
After an adverse ruling from a federal court, the Biden administration has said that it will continue working to end the Remain in Mexico program. The administration said that DHS has appealed the district court’s August 13 decision, but will nevertheless comply with the policy “in good faith” throughout the appeal. Approximately 70,000 migrants were subjected to the program, which required migrants seeking asylum to wait in Mexico until their cases could be heard in the U.S.
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
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Filed under: asylum, Asylum Application, asylum for minors | Tagged: mpp, remain in Mexico policy | Leave a comment »
Posted on March 23, 2021 by sethlerner1964
Posted on February 10, 2021 by sethlerner1964
the Supreme Court cancelled oral arguments in suits challenging former President Trump’s defense funding for border wall construction and a policy forcing asylum-seekers to wait in Mexico while their immigration cases proceed. The Biden administration had sought to remove the cases from the Court’s upcoming calendar, citing President Biden’s Inauguration Day orders freezing funding for the U.S.-Mexico border wall and ending enrollment in the Remain in Mexico program. Under the program, more than 68,000 migrants have been forced to wait in Mexico for decisions on their immigration cases in the U.S., according to the administration’s request. The decision to grant the Biden administration’s request came in a brief order without explanation.
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Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 30, the Trump administration postponed immigration court hearings for asylum seekers waiting in Mexico under the “Remain in Mexico” policy. Asylum seekers with hearings scheduled through June 1 should wait until instructed, then appear at the border to get new hearing dates. As of last Friday, there were about 25,000 asylum seekers waiting in Mexico.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Under the Remain in Mexico program, asylum seekers are sent to Mexico for the duration of their cases. These asylum seekers are increasingly becoming victims of kidnappings. Doctors without Borders said in September 2019 that 44% of their patients had been victims of kidnappings, with another 12% being victims of attempted kidnappings. By October 2019, the percent of patients who were kidnapping victims was 75%. CBP Commissioner Mark Morgan discussed the report in a briefing on February 11, saying that the report did not reflect CBP’s understanding of the security situation in Mexico. Morgan also said that CBP would work with the Mexican government to encourage asylum seekers to stay in shelters and not in encampments where they may be more vulnerable to attacks.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Central American asylum seekers sent to Mexico are becoming victims of kidnappings.
Under the Remain in Mexico program, asylum seekers are sent to Mexico for the duration of their cases. These asylum seekers are increasingly becoming victims of kidnappings. Doctors without Borders said in September 2019 that 44% of their patients had been victims of kidnappings, with another 12% being victims of attempted kidnappings. By October 2019, the percent of patients who were kidnapping victims was 75%. CBP Commissioner Mark Morgan discussed the report in a briefing on February 11, saying that the report did not reflect CBP’s understanding of the security situation in Mexico. Morgan also said that CBP would work with the Mexican government to encourage asylum seekers to stay in shelters and not in encampments where they may be more vulnerable to attacks.
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Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs by making asylum seekers live in Mexico while waiting for a court date, those asylum seekers would have arrived in the U.S. before the rule went into effect.
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Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration has been using the Remain in Mexico program to send non-Mexican asylum seekers to Mexico for as long as months to wait for their U.S. immigration court date. Remain in Mexico has now been extended to Arizona by busing asylum seekers to Texas and sending them across the border there. The city of Juarez, where many asylum seekers have been sent, said they hope the move is temporary, as their facilities are near capacity and underfunded.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Officially called the Migrant Protection Protocols, the “Remain in Mexico” program has kept many asylum seekers in border cities and tent camps near the U.S.-Mexican border while they wait for their immigration court dates in the U.S. The policy has been criticized as endangering the asylum seekers by forcing them to face both possible violence and lack of sanitary conditions, especially in the tent camps. Particularly vulnerable individuals, like pregnant women and some LGBTQ people, are not supposed to be part of the program, yet there have been reports of both pregnant women and transgender individuals being returned to Mexico where they are unsafe. Acting CBP Commissioner Mark Morgan defended the program saying now the “loophole” of bringing a child to get into the U.S. has been closed, and that having families remain in Mexico is the administration’s alternative to detaining them for the whole duration of their case (which is prohibited by the Flores Agreement). Acting Director of USCIS Ken Cuccinelli argued that the policy “achieved” the goal of stopping “catch and release.”
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Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Two amicus briefs were filed yesterday in Innovation Law Lab v. McAleenan, a case challenging the administration’s Migrant Protection Protocols (MPPs), commonly known as the Remain in Mexico policy. Local 1924 of the American Federation of Government Employees, which represents over 2,500 bargaining unit employees of USCIS, submitted an amicus brief arguing that the MPPs don’t streamline processes, but rather make the system less efficient. In a separate amicus brief, former immigration, national security, foreign policy, and other public officials stated that “the government’s purported justifications for the MPP[s] do not pass muster.”
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