Biden officials press on with deportation plans

The Biden administration continues to press on with plans to deport many of those who have crossed the border since Title 42 ended, top homeland security official Blas Nuñez-Neto said.

“There is a right way, a safe way and the wrong way, an unlawful way, to enter the United States. Those who arrive at the border without using a lawful pathway are presumed ineligible for asylum as part of the new rule that was issued yesterday,” Nuñez-Neto said.

“We are humanely processing non-citizens, placing them into removal proceedings and returning those without a legal basis to remain in the US. And people who do not use available pathways to enter the US now face tougher consequences including a five-year ban on reentry and potential criminal prosecution.”

He said the Biden administration has “led the largest expansion of lawful pathways for migrants to come to the US directly in decades”, and urged people to “ignore the lies of smugglers and not put their lives in danger”.

Key events

Closing summary

The pandemic-era Title 42 restrictions that turned away many asylum seekers at the US border have expired, but immigration authorities said the surge in new migrants some expected to see today has not materialized. That could be because Joe Biden’s administration put in place its own hardline rules to keep border crossers out of the United States. Expect to hear more about this story next week.

Here’s a recap of today’s news:

  • Lawmakers from New York City want the Biden administration to allow more asylum seekers to work, arguing it would be better for the economy and communities.

  • The state department announced a new website intended to educate migrants about how to legally enter the United States.

  • The homeland security department complained that a Florida judge’s ruling blocking plans to more quickly release migrants from Border Patrol detention could complicate its ability to handle new arrivals.

  • The American Civil Liberties Union sued over the Biden administration’s new restrictions, arguing they were similar to rules implemented under Donald Trump.

  • A 17-year-old Honduran boy was found dead in a Florida shelter, the homeland security department said. He had entered the country as an unaccompanied minor.

A Democratic House lawmaker representing a district along Arizona’s border with Mexico has asked Joe Biden to deploy the Federal Emergency Management Agency to help communities manage new migrant arrivals.

“As the humanitarian crisis unfolds at the Arizona-Mexico border, the urgency to coordinate directly with lead agencies and non-governmental organizations must be a priority. I ask that you immediately work to direct the Federal Emergency Management Agency (Fema) to assist the Department of Homeland Security (DHS) personnel as they manage and process migrants,” wrote Raúl Grijalva, whose district encompassed much of the state’s international frontier.

“Previously, Fema has assisted processing young migrants and supported efforts to localize housing and medical care. This directive would provide Customs and Border Protection (CBP) with the necessary support during this time of high levels of migration. We must ensure that CBP has the capacity to process asylum seekers at ports of entry in a timely, orderly, fair and humane manner.”

Maya Yang

The president and CEO of the International Rescue Committee, David Miliband, has welcomed the end of the “cruel and ineffective Title 42 policy”, saying that it is a “necessary step to restore the rule of law and compliance with US refugee obligations”.

In a statement to the Guardian, Miliband, who was the UK’s foreign secretary, said that immigration measures taken by the Biden administration are being undermined by attempts to render illegal asylum claim attempts that are not based on prior appointments.

Miliband said:

“I have just completed an invaluable visit to Arizona, where I met with IRC staff and with clients who have lived through the humanitarian situation south of the US-Mexico border firsthand …

The end of the cruel and ineffective Title 42 policy is a necessary step to restore the rule of law and compliance with US refugee obligations. The Biden administration has taken some important measures to build an effective asylum management system, including increased regional resettlement processing, expanding access to the CBP One app, clamping down on misinformation, guaranteeing asylum slots for refugees from four countries, and surging assistance to communities receiving migrants.

However, these efforts are undermined by a serious flaw: the IRC believes it is neither right nor practical to render illegal any attempt to claim asylum that is not based on a prior appointment.

The evidence from around the world is that cruelty is not the route to order. In fact some of the most cruel solutions produce disorder and empower people smugglers. By contrast, there are policies which are both humane in treating refugees with dignity, and orderly in the way they promote effective management of migration.”

Maya Yang

White House press secretary Karine Jean-Pierre went on to call for further action from Congress regarding the migrant crisis, saying that the Biden administration has yet to see Congress take action to solve the issue cooperatively.

“We need Congress beyond the ruling, beyond what we’ve seen from the sabotage,” Jean-Pierre said during Friday’s briefing, referring to a federal judge in Florida who on Thursday blocked the Biden administration from releasing migrants who do not yet have a court appearance date, just hours before the expiration of Title 42.

“We want Congress to act. We want Congress to take action, and we just have not seen that. Again, the president is going to use every tool that he has as he has been for the last two years to get this done, but we need to see Congress act,” Jean-Pierre emphasized.

White House accuses Republicans of ‘playing games’

Maya Yang

The White House has reaffirmed its migration policies following the expiration of Title 42, saying that its plan is to deal with the migration surge at the US-Mexico border in a “humane” and “orderly” way while accusing Republicans of attempting to “sabotage” the crisis.

Speaking to reporters on Friday, White House press secretary Karine Jean-Pierre said:

“Our message has been very clear … We got a robust plan in place to humanely manage the border through enforcement, deterrence and diplomacy. We’ve been very clear. We want a system that’s humane, that’s orderly …

This is a problem that is decades-long … It is more than time to address this issue. The president is using the tools that he has in front of him to deal with this issue … but we have to have Congress acting.”

Jean-Pierre went on to criticize Republican lawmakers, accusing them of “playing games” and refusing to solve the migration issue with federal government, saying:

“Republican-elected officials continue to play a games here. They continue to have political stunts and they don’t want to solve this problem. They want to use it as a campaign tool for them …

“We’ve been seeing from Republican officials over and over again for the past several months, instead of trying to deal with the issue or talking to the federal government on how to deal with the issue in their state and their city, they don’t do that. They actually sabotage what we’re trying to do.”

Johana Bhuiyan

The state department announced the launch of a new website to help migrants get information about how to access the legal pathways into the US.

The website, MovilidadSegura.org, was created in partnership with The UN Refugee Agency (UNHCR), the International Organization for Migration and other organizations.

For now, the website just includes information about the “safe mobility” program the Biden administration launched as a means to crack down on illegal immigration. That includes information about various legal pathways and who qualifies for each.

Eventually, the state department said it would enable migrants to request appointments at regional processing centers the government will establish in Colombia, Guatemala and elsewhere.

“Once fully operational, the RPCs will make it easier for migrants to access lawful pathways from where they are and avoid putting their lives and their life savings into the hands of criminal actors,” the state department said in its announcement.

17-year-old boy from Honduras dies after being found unconscious in Florida shelter

Maya Yang

A 17-year-old unaccompanied teenage migrant from Honduras has died after being found unconscious in a Florida shelter on Wednesday, the Associated Press reports.

The teen’s death was notified to US lawmakers by the US Department of Health and Human Services (HHS) refugee office.

According to the notification reviewed by the Associated Press, the teenager, Angel Eduardo Maradiaga Espinoza, had been placed by HHS on May 5 with Gulf Coast Jewish Family and Community Services in Safety Harbor, Florida.

He was taken to a hospital and was pronounced dead after one hour of life-saving resuscitation attempts.

Maya Yang

Senator Ted Cruz has criticized a reporter after being asked what Republicans are doing to assist the Biden administration to help improve the current immigration system.

“That’s a ridiculous and silly question. I want to commend you for being the media and telling it Democrat policies,” Cruz responds while shaking a finger at several reporters who echoed similar questions.

“You’re wrong. You don’t get to argue with me. You asked your question. You want to hold a press conference, you can do it over there. The talking point of the Democrats which this media reporter happily parrots is ‘Gosh, the problem can’t be fixed,’” says Cruz as he throws his hands up in the air.

“There’s one little problem with that. It’s an utter and complete lie … You asked what I have done? I’ve championed the men and women of border patrol. I’ve championed securing the border. I’ve championed Remain in Mexico,” Cruz continues with his voice raising, referring to a US immigration policy that requires migrants seeking asylum to remain in Mexico until their immigration court date in the US.

Sen. Ted Cruz (R-TX) berates reporters for pressing him on what he’s done to help improve the immigration system during the Senate GOP’s trip to the southern border Thursday ahead of Title 42 expiring. pic.twitter.com/1RDc7v7zkB

— The Recount (@therecount) May 12, 2023

The day so far

The pandemic-era Title 42 restrictions that turned away many asylum seekers at the US border have expired, but immigration authorities say the surge in new migrants some expected to see today has not yet materialized. That could be because Joe Biden’s administration has put in place its own hardline rules to keep migrants out of the United States, but we’ll be keeping an eye on the situation as the day progresses.

Here’s a recap of the news so far:

  • Lawmakers from New York City want the Biden administration to allow more asylum seekers to work, arguing it would be better for the economy and communities.

  • The homeland security department complained that a Florida judge’s ruling blocking plans to more quickly release migrants from Border Patrol detention could complicate its ability to handle new arrivals.

  • The American Civil Liberties Union sued over the Biden administration’s new restrictions, arguing they were similar to rules implemented under Donald Trump.

Here are more scenes shot on the US-Mexico border today in the aftermath of Title 42’s end, from the Associated Press and Reuters:

US Customs and Border Protection officers monitor migrants as a group of 50 chosen by the Mexican “Casa Migrante” organization walk across the Puerto Nuevo bridge from Matamoros, Mexico. Photograph: Fernando Llano/AP
A US Border Patrol agent rides past migrants gathered between the primary and secondary border fences between the United States and Mexico near San Diego, California. Photograph: Mike Blake/Reuters
A migrant child looks through the border wall as asylum seekers gather between primary and secondary border fences separating the United States and Mexico. Photograph: Mike Blake/Reuters

In an example of how the Biden administration is moving to speed up the deportation process, the Los Angeles Times reports that the government slashed the amount of time asylum-seekers have to find an attorney before being interviewed by immigration officials.

The cut to 24 hours from 48 hours is similar to a policy adopted under Donald Trump that was blocked by federal courts, and could lead to more migrants failing their first interview with officials and being deported.

Here’s more from their story:

Biden’s version of the policy, outlined in an email sent to asylum officers Wednesday and obtained by The Times, gives asylum seekers at least 24 hours to find and consult an attorney once they receive information on the process. Before the change, migrants had at least 48 hours from their arrival at a Department of Homeland Security facility to find a lawyer.

The move could allow officers to more rapidly remove migrants who do not pass their first screening, known as a “credible fear” interview.

Title 42, a decades-old policy invoked during the COVID-19 pandemic to allow border agents to quickly turn back migrants, expired just before midnight on Thursday, and officials were expecting a spike in migrants trying to cross the border. Complicating matters, just hours before Title 42’s expiration, a federal judge in Florida blocked the Biden administration from quickly releasing migrants from Border Patrol custody without court notices.

Border agents already apprehended more than 10,000 migrants in a single day Tuesday, according to internal data obtained by The Times. By Wednesday, U.S. Customs and Border Protection had more than 28,000 migrants in custody, significantly more than its facilities are rated to hold, the data showed.

“In support of the Department’s goal to more quickly provide relief to those who are eligible while more quickly removing those who are not, effective immediately the minimum time between the noncitizen’s acknowledgment of receipt of the Form M-444, Information about credible fear Interview, and the credible fear interview will be 24 hours,” a lead U.S. Citizenship and Immigration Services official on asylum wrote in the email announcing the change.

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