Tag Archives: trump immigration

EL PASO — The number of people who were apprehended by or surrendered to federal immigration officials on the U.S.-Mexico border dipped by nearly 20% last month, the Department of Homeland Security announced Tuesday. After totaling about 64,000 apprehensions in August, the agency reported a September total of about 52,500 apprehensions — a decrease of about 18%.

The September total is about 40% of July’s estimated 82,000 and the lowest monthly total of the 2019 fiscal year, which ended Sept. 30, according to U.S. Customs and Border Protection statistics.

Despite the months-long trend downward, the entire 2019 fiscal year’s total represents nearly a 90% increase over 2018. In 2019 about 977,500 people were apprehended or presented themselves at the ports of entry without proper paperwork, compared to 521,000 during the 2018 fiscal year.

“CBP has faced unprecedented and staggering levels of illegal crossings,” Acting Customs and Border Protection Commissioner Mark Morgan said during a news conference from Washington Tuesday.

Morgan credited the Trump administration’s polices for the latest dip in numbers and mentioned the Migrant Protection Protocols, which requires most asylum seekers from Central America, Cuba and other countries to wait for their U.S. court hearings in Mexico. The policy is designed as a deterrent to convince people in those countries not to make the trip north. Since its inception in late 2018, more than 51,000 people have been sent back to Mexico, Morgan said.

“While Congress has failed to put forth a single piece of legislation — even be able to introduce it to the floor to address this crisis — we have addressed this crisis,” Morgan said.

Morgan also lauded the Mexican government’s efforts to stem the flow of migrants. Mexican President Andrés Manuel López Obrador deployed thousands of federal troops to that country’s southern border to slow the number of people arriving from Central America. The order came after Trump threatened to impose tariffs of up to 25% on Mexican imports if the flow of migrants continued in nearly record numbers.

Morgan also said on Tuesday that the Trump administration is moving forward with another controversial asylum policy. In July, the administration announced that most migrants who passed through another country on their route to the United States would be ineligible for asylum protections if they didn’t apply for asylum in another country.

After a court challenge to the policy in a California federal court, the U.S. Supreme Court ruled last month that the policy could be implemented while the case plays out in lower courts.

Author: JULIÁN AGUILAR – The Texas Tribune

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• Federal officials credit Trump’s crackdown after border apprehensions dropped in August
• Border apprehensions dropped in June, but federal officials say crisis continues
• Border Patrol says apprehensions in the Rio Grande Valley have already surpassed all of 2018

The Trump administration wants to make migrants who pass through another nation before entering the U.S. at its southern border ineligible for asylum, the Associated Press reported Monday. The effort would disqualify most asylum seekers who did not first seek safe haven in another country before crossing the U.S.-Mexico border, including unaccompanied children.

The AP reported that there would be exceptions to the rule, which was published in the Federal Register and is expected to take effect Tuesday. Migrants would still be eligible for asylum if they had been trafficked, for example, or if they sought asylum in another country but were denied.

The rule, issued jointly by the U.S. Department of Homeland Security and the Department of Justice, is an effort to crack down on what the Trump administration says are “meritless” claims of asylum from tens of thousands of people who have exploited current law, according to the text.

“By deterring meritless asylum claims and de-prioritizing the applications of individuals who could have obtained protection in another country, the Departments seek to ensure that those refugees who have no alternative to U.S.-based asylum relief or have been subjected to an extreme form of human trafficking are able to obtain relief more quickly,” the text states. “Additionally, the rule seeks to curtail the humanitarian crisis created by human smugglers bringing men, women, and children across the southern border.”

The American Civil Liberties Union promised immediate legal action to halt the policy.

“The Trump administration is trying to unilaterally reverse our country’s legal and moral commitment to protect those fleeing danger,” said Lee Gelernt, deputy director of the Immigrants’ Rights Project of the American Civil Liberties Union. “This new rule is patently unlawful and we will sue swiftly.”

Other efforts by the Trump administration to change asylum policy — like denying asylum to migrants who cross the border illegally or detaining migrants while their cases are decided — have been blocked.

The latest policy is an attempt to reduce a surge of unaccompanied children and family units — mostly Central Americans seeking asylum — crossing into Texas and other states on the southern border. Last week, the Department of Homeland Security said that through June, U.S. Border Patrol agents had apprehended more than 688,000 undocumented immigrants, an increase of about 140% from last year, a DHS spokesperson said.

The two most heavily used routes go through El Paso and the Rio Grande Valley. From October, when the federal government’s 2019 fiscal year began, through June, more than 27,800 unaccompanied children and about 166,000 family units were apprehended by or surrendered to Border Patrol agents in the Rio Grande Valley sector — an increase of 60% and 293% from 2018, respectively. In the El Paso sector, which also includes New Mexico, about 14,600 unaccompanied children and 117,600 family units were apprehended. That’s an increase of 267% and 1,759% from 2018, respectively.

The new rule could also add to the current logjam of asylum seekers and other refugees in certain Mexican border cities that have to accept asylum seekers under the Trump administration’s Migrant Protection Protocols, known as “remain in Mexico.” The program began in California in January and was expanded to the El Paso ports of entry in March. It expanded to the Laredo and Nuevo Laredo border in South Texas last week.

Through July 11, more than 9,300 people had been returned to Ciudad Juárez under the program, according to Chihuahua state officials. About 36% are from Guatemala, 29% are from Honduras, 16% are from El Salvador and the rest from other countries, including Cuba.

On Friday, Enrique Valenzuela, director of Ciudad Juárez’s Centro de Atención a Migrantes, a migrant transition facility operated by the Chihuahua state government, said state and local officials are trying to quickly find more shelter space in the border city as the number of migrants returned or waiting to apply for asylum grows.

Members of Congress and immigrant advocates have also criticized the conditions that many migrants are facing while detained in Border Patrol processing centers in the United States. Migrant men at a McAllen center hadn’t showered in “10 or 20” days, according to accounts from reporters who accompanied Vice President Mike Pence on a tour of the facility Friday.

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• Near the border, a former camp for oilfield workers now holds hundreds of migrant children
• “The federal government has really dropped the ball”: Texas lawmakers express concern about conditions for migrants in U.S. custody

Author:  JULIÁN AGUILAR – The Texas Tribune

A surge of migrants arriving at the Texas-Mexico border has pushed the country’s immigration system to the breaking point as new policies aimed at both undocumented immigrants and legal asylum seekers have contributed to a humanitarian crisis. The Texas Tribune is maintaining its in-depth reporting on this national issue.

MORE IN THIS SERIES 

The Trump administration is opening a new 2,500-bed holding facility for adult migrants here, constructing a large soft-sided structure close to the U.S.-Mexico border on the former site of a controversial shelter for migrant children, officials said Friday.

Roger Maier, a spokesman for Customs and Border Protection, confirmed that work to build the facility began this week. He said it will be designed to hold single adults who have crossed the border and have been taken into custody — it will not hold family units or unaccompanied children — and that it will “provide relief for overcrowded Border Patrol” stations as the agency awaits transferring the migrants to Immigration and Customs Enforcement custody.

“CBP anticipates populating the facility in late July or early August,” Maier said.

The new adult holding facility is being built at the Marcelino Serna Port of Entry, about 30 miles southeast of El Paso. The port is named after Serna, a Mexican immigrant who lived in El Paso and as a U.S. Army soldier became a decorated World War I hero.

Author: ROBERT MOORE, THE WASHINGTON POST

Our elected class — federal division — is spending more time arguing about the mess on the border than fixing the mess on the border.

They have been able to solve other problems. The response to Hurricane Harvey was bipartisan and, as these things go, fairly smooth. And even within the gridlocked debates over immigration policy and enforcement on the U.S.-Mexico border, lawmakers were able to pass a $4.6 billion aid package as stories of horrible treatment of migrant children and families came to light this spring.

Overall, though, the political class hasn’t had the chops to address the border at all — except as a platform for rhetoric, fundraising and posturing.

If results are the measure, there’s not much to measure.

A devoted observer might get a bellyful of this and become a cynic — or go the other way and try to figure out why the pinheads in Washington, D.C., are doing what they’re doing.

But even a cursory glance at the polling in Texas shows Republican and Democratic voters deeply divided in a way that makes it difficult for the people they elect. If the partisan voters don’t overlap much, their representatives can get into political danger by entertaining certain ideas, or anything that even looks like negotiating, with the other side.

Or so it seems if you look at poll results and then watch how the people in Congress have acted — and not acted — on immigration problems that have compounded for years.

In the most recent University of Texas/Texas Tribune Poll, completed last month, 28% of Texas voters said that either border security or immigration is the most important problem facing the country. But look inside the numbers: Among Republicans, 46% put those two problems at the top. Among Democrats, only 7% did.

Those two problems top most important issues facing the state, too, with 37% of voters picking one or the other. But among Democrats, 12% chose border security/immigration (14% chose health care and 13% chose political corruption/leadership); among Republicans, 59% said border security and immigration are problems No. 1 and No. 2.

It goes on like that.

Remember President Donald Trump’s proposal to impose tariffs on imports from Mexico if that country didn’t crack down on migrants bound for the U.S.? Among Democrats, 76% opposed that, and among Republicans, 74% were in favor of it — even though Republicans were split evenly on whether that policy would help or hurt the Texas economy. Would a policy like that curb immigration to the U.S.? While 70% of Republicans said it would be effective, 79% of Democrats said it would not.

It’s not a shocker that Republicans and Democrats disagree. But suppose you were an elected official, one who wanted to find a solution that both your opponents and your supporters could agree upon. Hard to find the overlap, except when children and families are in the center ring.

A year ago, when family separations dominated the news and the administration was trying to squeeze off the stream of asylum seekers on the border, voters weren’t willing to support taking kids away from families — particularly when the government agencies splitting families were unable to say which children had been separated from which adults. Trump backed down, signing an executive order halting those separations.

A year later, the country’s immigration enforcement apparatus faces government reports of terrible conditions where migrants are being detained, and the current policy has forced Mexico to hold asylum seekers in camps that almost make the U.S. facilities look good.

Look at the practice, and look at the political conversation. The first is a gnarly and messy problem, but a solvable one. The second has become a way for each set of elected officials — and the people who would like to become elected officials — to appeal to partisan voters on both sides.

It looks like everyone thinks the political gains come from their opposition to their hated opponents — and not from their ability to attack and solve a complicated and frustrating problem plaguing the U.S. and Mexico, not to mention other countries all over the planet.

The leaders are waiting for their followers to tell them what to do, instead of the other way around. While they wait, they’re playing political games.

Disclosure: The University of Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

Author: ROSS RAMSEY – The Texas Tribune

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President Trump on Friday threatened to use emergency powers to build a wall along the U.S.-Mexico border, a move that would defy a Congress that — amid Democratic opposition — has thus far refused to allocate any new money for a border wall.

Asked Friday if he would declare a national emergency to get the wall built, Trump responded: “We can do it. I haven’t done it. I may do it. I may do it.”

The government has been partially shut down since Dec. 22, as Trump has demanded any budget deal include more than $5 billion in wall funding.

Trump told congressional leaders Friday he would keep the federal government closed for “months or even years” amid a dispute over border wall funding, as the White House scrambled to unify the GOP behind Trump while some Republicans showed impatience with the now two-week old shutdown.

Authors: BY ERICA WERNER, JOSH DAWSEY AND SEUNG MIN KIM, THE WASHINGTON POST / The Texas Tribune

The Department of Homeland Security announced a new policy Thursday that will require asylum seekers who enter the United States illegally to return to Mexico and wait while their claims are processed, possibly for months or years, describing the plan as a “historic” measure.

Homeland Security Secretary Kirstjen Nielsen prepared to outlined the plan during an oversight hearing by members of the House Judiciary committee, telling lawmakers in prepared remarks that the administration is preparing to implement an accord with Mexico’s new leftist government that will allow the United States to send asylum seekers who cross illegally back to Mexico.

Citing emergency powers allowed under the Immigration and Nationality Act, Nielsen said the measures were needed to “bring under control” a surge of unmerited asylum claims by Central Americans that have overloaded U.S. immigration courts.

“Once implemented, individuals arriving in or entering the United States from Mexico — illegally or without proper documentation — may be returned to Mexico for the duration of their immigration proceedings,” she said.

“They will not be able to disappear into the United States. They will have to wait for approval to come into the United States. If they are granted asylum by a U.S. judge, they will be welcomed into America. If they are not, they will be removed to their home countries,” Nielsen said.

The United States has been in negotiations with Mexico for weeks to reach such an accord, which had been referred to as “Remain in Mexico,” believing that illegal crossings will decline if Central Americans believe the asylum system will no longer offer them a way to avoid deportation.

Top officials from the government of Mexican president Andrés Manuel López Obrador have said they would accept such measures as part of a broader development and aid package aimed at creating jobs in Central America to reduce the need to emigrate.

In a statement, Mexico’s foreign ministry said Thursday it “will authorize, for humanitarian reasons and temporarily, the entry of certain foreign persons from the United States who have entered the country through a port of entry or who have been apprehended between ports of entry, have been interviewed by the authorities of migratory control of that country, and have received a summons to appear before an immigration judge.”

They will be allowed “to our country so that they can wait here for the development of their immigration process in the United States,” the statement read.

“They will be entitled to equal treatment without any discrimination and with due respect to their human rights, as well as the opportunity to apply for a work permit so they can find paid jobs, which will allow them to meet their basic needs,” it continued.

Nielsen faces lawmakers Thursday almost two weeks after the disclosure of a 7-year-old migrant girl’s death after she and her father entered the United States illegally and were taken into custody by U.S. Customs and Border Protection.

Homeland Security officials did not notify lawmakers of the child’s death, which happened Dec. 8. DHS officials have not said when Nielsen was informed of the incident.

This week, lawmakers also reached a tentative accord to avert a government shutdown that would not give President Donald Trump the border wall funding he has demanded.

In a tweet Thursday morning, Trump praised Border Patrol agents, military personnel and others for their efforts to stop caravans of Central American migrants from crossing the border. “Border is tight,” the president wrote.

But the latest border enforcement statistics show the opposite. Last month arrests along the border reached their highest levels since Trump took office, as record numbers of family groups entered illegally seeking asylum.

Homeland Security officials say they are facing “a crisis” and have urged lawmakers to act.

Authors: NICK MIROFF AND KEVIN SIEFF, THE WASHINGTON POST  | The Texas Tribune

LORDSBURG, N.M. — Current and incoming Democratic members of Congress said Tuesday they had more questions than answers after touring U.S. Border Patrol facilities where a 7-year old Guatemalan girl was taken before dying earlier this month.

One member did leave the facilities certain of one thing – that the commissioner of Customs and Border Protection should step down from his post following the tragedy.

“Based on my conversations with him, based on his conduct, I believe that [Customs and Border Protection Commissioner Kevin K. McAleenan] should step down,” said U.S. Rep. Joaquin Castro, D-San Antonio, the chairman-elect of the Congressional Hispanic Caucus. Castro said McAleenan told him he didn’t want to politicize the death in front of Congress, which is why the commissioner didn’t make members aware of the death immediately. Castro said CBP officials are required by law to inform members of Congress about the girl’s death within 24 hours but failed to do so.

“But because it’s such a rare occurrence, that makes it arguably the most significant thing that could have been discussed,” Castro said.

The child, Jakelin Caal Maquin, and her father, Nery Gilberto Caal Cuz, were apprehended with a large group of undocumented immigrants near Antelope Wells, N.M., shortly after 9 p.m. on Dec. 6. About eight hours later, Caal Cuz told agents his daughter was vomiting while the pair was on a Border Patrol transit bus. Agents alerted the station to prepare to administer care, but her condition worsened and her temperature eventually reached about 105 degrees.

She was flown to a hospital in El Paso, where she died at about 12:30 a.m. on Dec. 8, according to a statement from Customs and Border Protection.

Castro led the delegation, which included U.S. Rep. Al Green, D-Houston, and congresswomen-elect Sylvia Garcia and Veronica Escobar, D-El Paso, to New Mexico. He added afterward that he wants to know when Department of Homeland Secretary Kirstjen Michele Nielsen was made aware of the death and called for an independent congressional investigation into the matter.

Several members said they were disturbed by what they saw on the tour of the facilities.

“No running water, no area to bathe, no water to cook,” said U.S. Rep. Ben Ray Luján, D-NM. “We found out that the food provided both a Antelope Wells and here in Lordsburg to the asylum seekers is granola bars, small juice boxes, and frozen burritos. And what I would describe as inhumane holding cells where we saw children with adults, and overcrowded facilities with a shared toilet.”

Green said what he saw on the tour “is unbelievable and unconscionable. The [ASPCA] would not allow animals to be treated the way human beings are being treated in this facility,” he added. “To tolerate what I have seen is unthinkable. We as members of Congress have got to do more to make sure that this kind of facility is either shut down or we have got to do more to make it a lot better than it is.”

Last week, attorneys for Nery Gilberto Caal Cuz, Jakelin’s father, disputed reports that she had gone for days without food or water before entering federal custody and added that they are conducting a separate investigation. According to the CBP statement, agents conducted an initial screening of Jakelin that “revealed no evidence of health issues. Additionally, the father claimed that the child was in good health,” the statement reads.

After the tour, Garcia said she’s concerned that isn’t necessarily true.

“There’s a lot of inconsistencies. They said the father had told him that she had not eaten for three days because she would vomit,” she said. “And then they turn back around and say the father said the little girl was fine and they talked to him about it. Which one is it? I find it incredible that they say they saw no signs or symptoms.”

Garcia said she would support an investigation immediately after the new Congress is sworn in next month and that it could focus first on Jakelin’s case, then expand from there.

A CBP spokesperson in El Paso forwarded requests for comment about the lawmakers’ remarks to the agency’s main headquarters. That office did not immediately respond.

U.S. Rep. Dr. Raul Ruiz, a California Democrat and former emergency room physician, said the tour brought to light questions about whether agents are equipped to handle emergencies like the one that led to Jakelin’s death.

“There are some really serious systemic obstacles and problems and failures in the system,” he said, adding that immigrant children a complete vital sign check and a physical examination when they come into contact with Border Patrol.

The issue has again called into question President Donald Trump’s immigration policies — critics have argued that his crackdown on undocumented immigrants and asylum-seekers has led to more people avoiding ports of entry and instead traversing rough terrain to turn themselves into Border Patrol.

Escobar said those policies include the administration’s practice of turning away asylum seekers at the ports of entry and forcing them to wait in Mexico before making a formal asylum claim.

“These are legitimate challenges, but this administration is addressing these challenges in the cruelest way, in a way that in fact makes things much worse,” she said.

As Democrats prepare to assume the majority in the U.S. House of Representatives, Green said it would be one of his priorities to launch an investigation immediately.

“I can’t tell you how long it will take to put the investigation together or how long it will last, but I do believe it will take place,” he said.

Author: JULIÁN AGUILAR – The Texas Tribune

With the migrant children’s camp just outside of Tornillo still holding scores of kids, and the approach of the holidays, State Senator José Rodríguez is working with officials to make their time there a bit brighter.

As many from the community have asked how they can help, Rodríguez and his office are coordinating a “Gifts for Good” drive for the youth in the Tornillo detention center, which currently holds 2,400 children.

“The holidays are a time of the year where most people enjoy spending time with their families. These youth have been away from their families for who knows how long. We hope these gifts bring some holiday cheer,” said Rodríguez.

According to a news release from  Senator Rodríguez’s office adds”the children are not allowed visitors, gifts of any kind, or even hugs.”

However, for this holiday season, the Rodríguez has received permission to provide a gift of a soccer ball. Join the Senator’s office to bring a smile to a child by ordering from a pre-selected wish list of soccer balls, which can be found via this link.

Officials say there is no limit to the number of gifts that a person can sponsor.

All gifts must be shipped to the District Office, which is at 100 North Ochoa Street, Suite A, El Paso, TX 79901, by December 13, 2018.

Keep calm and come on over.

That’s the holiday message city and business officials here are sending to their neighbors directly across the Texas-Mexico border.

Given that local Customs and Border Protection Agents have been redeployed to California and Arizona ahead of the anticipated arrival of a caravan of Central American migrants to those border states, wait times are likely to spike at Texas’ key ports of entry — ahead of the busiest international shopping season of the year.

“This is historically a very busy period,” Hector Mancha, Customs and Border Protection’s director of field operations in El Paso, said in a statement. “Border-crossers should take steps to help themselves and also plan to build extra time into their schedules to accommodate what will be longer-than-normal processing times.”

Federal officials argue the redeployment is necessary to ensure the southwest border remains safe from the migrant caravan, which has been a subject of consternation and outrage from Republicans nationally, particularly in the run-up to the November election.

Local Democrats, meanwhile, have blasted the move as political theater, and said the effects of border-processing delays on commerce will hit El Paso and neighboring Ciudad Juárez particularly hard.

“We have a very strong economic relationship with Mexico that goes in both directions, and benefits us locally, statewide and nationally,” state Sen. Jose Rodriguez, D-El Paso, said in a statement.

Those charged with promoting El Paso’s downtown tourism and shopping districts say there will be an economic toll, but acknowledge city leaders and the people who live along this stretch of border have been down this road before.

“The concerns are valid,” said Rudy Vasquez, the marketing communications manager for El Paso’s Downtown Management District. “But one thing I can say for sure is that concerns about the impact to retail and downtown business [aren’t] new in that respect.”

It’s unclear how many agents from the El Paso area have been reassigned to California and Arizona. Local news reports put the number at more than 100. U.S. Rep. Henry Cuellar, D-Laredo, who represents the country’s busiest inland port, said the total number of agents sent from Texas is 575, though his office didn’t detail how many were deployed from each field office. A Customs and Border Protection spokesman declined to confirm a number for “operational security reasons.” The spokesman also declined to say how long the agents would be away.

Rodriguez, citing a report from the Dallas Federal Reserve Bank, said Mexican shoppers accounted for more than $4 billion in retail sales in Texas cities in 2012, up from $2 billion in 2006.

“Now, faced with a refugee pilgrimage to safety in the U.S. during a holiday season that celebrates the traditions of sanctuary, the administration not only is preparing to meet them with force, it is apparently willing to choke commerce in so doing,” the state senator added.

But some other border residents say the Trump administration has the right to do what it needs to ensure America is only letting in immigrants who don’t pose a threat.

As she sat in Ciudad Juárez’s Mariachi Bar on Tuesday afternoon, Brianna Puckett, a 25-year-old American citizen, said she was worried she’d get trapped in cross-border gridlock on her way home to El Paso. But she said it’d be worth it.

“I think the U.S. is doing what it needs to do,” she said, conceding that her political opinions aren’t too popular in a part of Texas that regularly supports Democrats.

Puckett added that her Salvadoran grandmother is a legal immigrant to the U.S. Of the would-be asylum-seekers in the migrant caravan, she said, “I feel like there is a process, but a lot of people aren’t going through the process.”

Gracie Viramontes, a marketing specialist who was in downtown El Paso on Tuesday promoting the city’s upcoming Small Business Saturday, said she isn’t too worried about some delays on the bridges.

El Paso and Ciudad Juárez have withstood drug wars, divisive elections, peso devaluations and economic downturns, she said. The politics of the day doesn’t stand a chance against holiday traditions that have guided border communities for decades.

“You know what, we’re fronterizos, this is the way life is. Business will continue as usual,” she said. “Either way, family is family. If they have to wait 10 hours to [cross] and see their family, then they’re going to wait 10 hours.”

A federal judge temporarily blocked the Trump administration from denying asylum to migrants who illegally cross the southern border into the United States, saying the policy likely violated federal law on asylum eligibility.

In a ruling late Monday, Jon S. Tigar of the U.S. District Court in San Francisco issued a temporary nationwide restraining order barring enforcement of the policy. President Donald Trump’s action was announced on Nov. 9, though the White House had as early as last month floated drastic changes to the way the United States affords sanctuary to people fleeing persecution in their home countries.

The judge’s order remains in effect until Dec. 19, at which point the court will consider arguments for a permanent order. The administration offered no immediate comment overnight but has routinely appealed adverse decisions.

The president’s decree, now blocked, came just after the midterm election campaign, in which Trump made immigration and national security the GOP’s closing argument. He and his allies spread fear about the “Caravan heading to the Southern Border,” which, as he asserted without evidence in one pre-election tweet, included “criminals and unknown Middle Easterners.” In another, he warned of “some very bad thugs and gang members.” Labeling the movements of Central American migrants a “national emergency,” Trump last month deployed active-duty troops to the border.

But the federal judge said the president could not shift asylum policy on his own.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” wrote the judge, nominated to the federal bench in 2012 by President Barack Obama. He reasoned that the “failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process.”

The ruling was the latest in a string of court decisions blocking the administration’s hard-line immigration policies, including its efforts to crack down on so-called sanctuary cities and to rescind the Deferred Action for Childhood Arrivals program that affords legal protections for hundreds of thousands of young undocumented immigrants who were brought to the United States as children. The net effect, barring Supreme Court reversals, has been to substantially weaken the hand of presidents in an area where their authority has in the past been expansive.

Still, the administration has not been without victories. In June, the Supreme Court, by a 5-to-4 vote, upheld a revised version of the travel ban that aimed to keep foreigners from several Muslim-majority nations from entering the country.

The asylum case was brought by the American Civil Liberties Union and other advocacy groups on behalf of East Bay Sanctuary Covenant. The order reflects the judge’s view that the plaintiffs are likely to succeed on the merits, and would suffer irreparable injury from the executive action.

The rule pursued by the Trump administration would allow only people who cross at legal checkpoints on the southern border to request asylum, while those entering elsewhere would be able to seek a temporary form of protection that is harder to win and doesn’t yield full citizenship. The changes would amount to a transformation of long-established asylum procedures, codified both at the international level and by Congress.

In his proclamation, Trump said the changes were necessary to prepare for the caravan’s arrival, arguing that asylum seekers had no “lawful basis for admission into our country.” In justifying the policy, the administration relied on the same emergency authority invoked as grounds for the “travel ban.”

In a hearing Monday, Scott Stewart, a lawyer for the Justice Department, spoke of a “crushing strain” of migrants attempting to cross the border illegally. He alleged that most asylum claims were “ultimately meritless.”

But the judge seemed skeptical, observing that border apprehensions are near historic lows and that, regardless, federal law says all people on U.S. soil can apply for asylum, no matter how they arrived.

“If this rule stays in effect, people are going to die,” Melissa Crow, senior supervising attorney with the Southern Poverty Law Center, said after the hearing. “There are going to be people who fall through the cracks in our system.”

Tigar voiced concern for the fate of asylum seekers under the changes. The administration’s rule, he observed, would force individuals “to choose between violence at the border, violence at home, or giving up a pathway to refugee status.”

And in his decision, he wrote that the government’s argument that the manner of entry can be the lone factor rendering a migrant ineligible for asylum “strains credulity.”

“To say that one may apply for something that one has no right to receive is to render the right to apply a dead letter,” he argued. “There simply is no reasonable way to harmonize the two.”

The judge pointedly denied the claim that the president, by fiat, could give the manner of entry added legal weight as a determinant of asylum. He reasoned that the “interpretive guide” of United Nations compacts on asylum lent extra force to congressional requirements. The intent of Congress, Tigar wrote, was “unambiguous.”

“And if what Defendants intend to say is that the President by proclamation can override Congress’s clearly expressed legislative intent, simply because a statute conflicts with the President’s policy goals, the Court rejects that argument also,” the judge found.

Lee Gelernt, the ACLU attorney who argued the case, welcomed the ruling in a news release.

“This ban is illegal, will put people’s lives in danger, and raises the alarm about President Trump’s disregard for separation of powers,” he said. “There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry. Congress has been clear on this point for decades.”

Elise Ackerman contributed to this report from San Francisco.

Authors: ISAAC STANLEY-BECKER AND MARIA SACCHETTI, THE WASHINGTON POST

PHARR, Tex. — On paper, he’s a devoted U.S. citizen.

His official American birth certificate shows he was delivered by a midwife in Brownsville, at the southern tip of Texas. He spent his life wearing American uniforms: three years as a private in the Army, then as a cadet in the Border Patrol and now as a state prison guard.

But when Juan, 40, applied to renew his U.S. passport this year, the government’s response floored him. In a letter, the State Department said it didn’t believe he was an American citizen.

As he would later learn, Juan is one of a growing number of people whose official birth records show they were born in the United States but who are now being denied passports — their citizenship suddenly thrown into question. The Trump administration is accusing hundreds, and possibly thousands, of Hispanics along the border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread crackdown on their citizenship.

In a statement, the State Department said that it “has not changed policy or practice regarding the adjudication of passport applications,” adding that “the U.S.-Mexico border region happens to be an area of the country where there has been a significant incidence of citizenship fraud.”

But cases identified by The Washington Post and interviews with immigration attorneys suggest a dramatic shift in both passport issuance and immigration enforcement.

In some cases, passport applicants with official U.S. birth certificates are being jailed in immigration detention centers and entered into deportation proceedings. In others, they are stuck in Mexico, their passports suddenly revoked when they tried to reenter the United States. As the Trump administration attempts to reduce both legal and illegal immigration, the government’s treatment of passport applicants in South Texas shows how U.S. citizens are increasingly being swept up by immigration enforcement agencies.

Juan said he was infuriated by the government’s response. “I served my country. I fought for my country,” he said, speaking on the condition that his last name not be used so that he wouldn’t be targeted by immigration enforcement.

The government alleges that from the 1950s through the 1990s, some midwives and physicians along the Texas-Mexico border provided U.S. birth certificates to babies who were actually born in Mexico. In a series of federal court cases in the 1990s, several birth attendants admitted to providing fraudulent documents.

Based on those suspicions, the State Department began during Barack Obama’s administration to deny passports to people who were delivered by midwives in Texas’s Rio Grande Valley. The use of midwives is a long-standing tradition in the region, in part because of the cost of hospital care.

The same midwives who provided fraudulent birth certificates also delivered thousands of babies legally in the United States. It has proved nearly impossible to distinguish between legitimate and illegitimate documents, all of them officially issued by the state of Texas decades ago.

A 2009 government settlement in a case litigated by the American Civil Liberties Union (ACLU) seemed like it had mostly put an end to the passport denials. Attorneys reported that the number of denials declined during the rest of the Obama administration, and the government settled promptly when people filed complaints after being denied passports.

But under President Trump, the passport denials and revocations appear to be surging, becoming part of a broader interrogation into the citizenship of people who have lived, voted and worked in the United States for their entire lives.

“We’re seeing these kind of cases skyrocketing,” said Jennifer Correro, an attorney in Houston who is defending dozens of people who have been denied passports.

In its statement, the State Department said that applicants “who have birth certificates filed by a midwife or other birth attendant suspected of having engaged in fraudulent activities, as well as applicants who have both a U.S. and foreign birth certificate, are asked to provide additional documentation establishing they were born in the United States.”

“Individuals who are unable to demonstrate that they were born in the United States are denied issuance of a passport,” the statement said.

When Juan, the former soldier, received a letter from the State Department telling him it wasn’t convinced that he was a U.S. citizen, it requested a range of obscure documents — evidence of his mother’s prenatal care, his baptismal certificate, rental agreements from when he was a baby.

He managed to find some of those documents but weeks later received another denial. In a letter, the government said the information “did not establish your birth in the United States.”

“I thought to myself, you know, I’m going to have to seek legal help,” said Juan, who earns $13 an hour as a prison guard and expects to pay several thousand dollars in legal fees.

In a case last August, a 35-year-old Texas man with a U.S. passport was interrogated while crossing back into Texas from Mexico with his son at the McAllen-Hidalgo-Reynosa International Bridge, connecting Reynosa, Mexico, to McAllen, Tex.

His passport was taken from him, and Customs and Border Protection agents told him to admit that he was born in Mexico, according to documents later filed in federal court. He refused and was sent to the Los Fresnos Detention Center and entered into deportation proceedings.

He was released three days later, but the government scheduled a deportation hearing for him in 2019. His passport, which had been issued in 2008, was revoked.

Attorneys say these cases, where the government’s doubts about an official birth certificate lead to immigration detention, are increasingly common. “I’ve had probably 20 people who have been sent to the detention center — U.S. citizens,” said Jaime Diez, an attorney in Brownsville.

Diez represents dozens of U.S. citizens who were denied their passports or had their passports suddenly revoked. Among them are soldiers and Border Patrol agents. In some cases, Immigration and Customs Enforcement agents have arrived at his clients’ homes without notice and taken passports away.

The State Department says that even though it may deny someone a passport, that does not necessarily mean that the individual will be deported. But it leaves them in a legal limbo, with one arm of the U.S. government claiming they are not Americans and the prospect that immigration agents could follow up on their case.

It’s difficult to know where the crackdown fits into the Trump administration’s broader assaults on legal and illegal immigration. Over the past year, it has thrown legal permanent residents out of the military and formed a denaturalization task force that tries to identify people who might have lied on decades-old citizenship applications.

Now, the administration appears to be taking aim at a broad group of Americans along the stretch of the border where Trump has promised to build his wall, where he directed the deployment of national guardsmen, and where the majority of cases in which children were separated from their parents during the administration’s “zero tolerance” policy occurred.

The State Department would not say how many passports it has denied to people along the border because of concerns about fraudulent birth certificates. The government has also refused to provide a list of midwives who it considers to be suspicious.

Lawyers along the border say that it isn’t just those delivered by midwives who are being denied.

Babies delivered by Jorge Treviño, one of the regions most well-known gynecologists, are also being denied. When he died in 2015, the McAllen Monitor wrote in his obituary that Treviño had delivered 15,000 babies.

It’s unclear why babies delivered by Treviño are being targeted, and the State Department did not comment on individual birth attendants. Diez, the attorney, said the government has an affidavit from an unnamed Mexican doctor who said that Treviño’s office provided at least one fraudulent birth certificate for a child born in Mexico.

One of the midwives who was accused of providing fraudulent birth certificates in the 1990s admitted in an interview that in two cases, she accepted money to provide fake documents. She said she helped deliver 600 babies in South Texas, many of them now being denied passports. Those birth certificates were issued by the state of Texas, with the midwife’s name listed under “birth attendant.”

“I know that they are suffering now, but it’s out of my control,” she said, speaking on the condition of anonymity because of the sensitivity of her admission.

For those who have received passport denials from the government, it affects not only their travel plans but their sense of identity as Americans.

One woman who has been denied, named Betty, said she had tried to get a passport to visit her grandfather as he was dying in Mexico. She went to a passport office in Houston, where government officials denied her request and questioned whether she had been born in the United States.

“You’re getting questioned on something so fundamentally you,” said Betty, who also spoke on the condition of anonymity because of concerns about immigration enforcement.

The denials are happening at a time when Trump has been lobbying for stricter federal voter identification rules, which would presumably affect the same people who are now being denied passports — almost all of them Hispanic, living in a heavily Democratic sliver of Texas.

“That’s where it gets scary,” Diez said.

For now, passport applicants who are able to afford the legal costs are suing the federal government over their passport denials. Eventually, the applicants typically win those cases, after government attorneys raise a series of sometimes bizarre questions about their birth.

“For a while, we had attorneys asking the same question: ‘Do you remember when you were born?’ ” Diez said. “I had to promise my clients that it wasn’t a trick question.”

Author: BY KEVIN SIEFF, THE WASHINGTON POST

Despite a federal judge’s order preventing immigration officials from arbitrarily holding asylum-seeking immigrants in federal detention, attorneys representing some of the detainees said Tuesday that the majority of the immigrants are still locked up for no reason.

Last month, U.S. District Judge James E. Boasberg granted a preliminary injunction preventing Immigration and Customs Enforcement agents from denying parole to asylum-seekers without an individual determination as to why. The lawsuit includes as defendants the El Paso, Detroit, Los Angeles, Newark and Philadelphia ICE field offices. The El Paso office covers West Texas and New Mexico.

Michael Tan, an attorney with the American Civil Liberties Union and one of the lead lawyers on the case, said that as of last week ICE had granted parole to about 25 percent of the asylum-seekers included in the lawsuit.

It’s a far cry from the 90 percent rate that existed before President Donald Trump took office, he said, which leads the attorneys to believe that ICE continues to detain people without cause.

“There are reasons to believe that the government continues to ignore its own parole policy,” he said. That policy states that a person seeking asylum who has established his or her true identity should be released if they are not a flight risk or a threat to the public at large.

Tan said he understands that ICE officials aren’t required to grant parole to everyone, but he said that after speaking to attorneys working on the ground in the five field offices, ICE agents are still “checking boxes” for the sole purpose of denying the relief.

“To be clear, I am not saying there is some magic number,” he said. “[But] they are being denied parole based on a boilerplate checklist.”

From July 2, when Boasberg issued the order, through August 17, 145 out of 563 asylum-seekers had been granted parole. That includes 78 of the 286 El Paso cases.

A spokesperson in the El Paso ICE field office did not respond to a request for comment.

Kristen Greer Love, an attorney with the ACLU of New Mexico who is representing some of the asylum-seekers being held in El Paso and New Mexico, said ICE officials don’t explain the reasons a person was denied parole once their case is reviewed.

“It is sort of a blanket statement that the person is a flight risk or a danger to the community, or hasn’t presented adequate evidence to prove their identity,” she said. “ICE appears to be using, for example, the flight risk [excuse] even when people have presented robust evidence of having a sponsor who is either a U.S. citizen or a lawful permanent resident in the United States who has the means and commitment to make sure the person has the means to show up at the immigration proceedings.”

Love added that most of the people she’s spoken to have been detained since they arrived at the port of entry and sought asylum, which makes it impossible that they have a criminal history in this country.

Tan said the ACLU will ask the judge to grant its motion for more discovery to see if ICE can show it is complying with the order. The judge also asked the agency to submit a monthly report of parole determinations until further notice.

“It’s basically a fact-finding process where we can investigate whether the government is in fact complying the court order. If it’s not … we’ll ask the court to order additional remedies,” he said.

Read related Tribune coverage

• Judge rules Trump administration can’t arbitrarily detain asylum seekers
• Meet the man going head-to-head with federal agents to help asylum-seeking immigrants cross the border

Author: JULIÁN AGUILAR – The Texas Tribune

House Republicans are aiming to meet President Trump’s latest request for his border wall — $5 billion for 2019 — setting up a potential showdown with the Senate.

The $5 billion would be included in a House homeland-security spending bill expected to be released Wednesday. The Senate included only $1.6 billion for the wall in its version of the bill last month, a figure that displeased Trump, who told senators he might shut down the government this fall if he does not get more.

Administration officials and House Republicans are holding discussions about the precise figure and what the money would be spent on. Trump never formally requested $5 billion for the wall, instead communicating the number privately to lawmakers in recent weeks.

Rep. Charles J. “Chuck” Fleischmann (R-Tenn.), a member of the House Appropriations subcommittee on homeland security, said he anticipated $5 billion that would be allocated for “wall plus” — meaning physical barriers in some spots, as well as other security mechanisms in places along the 2,000-mile U.S.-Mexico border where a wall might not be practical.

He and other Republicans acknowledged it might be a struggle to get their number through the Senate. Members of the Senate Appropriations Committee have been writing their spending bills on a bipartisan basis this year, while House Republicans are proceeding on their own, without Democrats.

“It’s got to start somewhere, and if we start in the House and get that out there it gives us a starting point,” Fleischmann said. “You’ll at least have the House and the White House lined up.”

Rep. Nita M. Lowey (D-N.Y.), the top Democrat on the House Appropriations Committee, said the $5 billion figure was a non-starter given numerous other needs in areas such as education and health care.

“That number is unacceptable. It’s unacceptable,” Lowey said.

Republican lawmakers hope to avoid a government shutdown. Current funding bills are set to expire Sept. 30, just ahead of the November midterm elections in which the GOP will try to keep control of Congress.

Thorny issues such as wall funding and an unrelated fight over spending on veterans may remain unresolved at that point, and lawmakers widely expect that Congress will have to pass a short-term funding extension to keep the government running through Election Day.

Author: ERICA WERNER, THE WASHINGTON POST