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The Biden administration announced Thursday that it has agreed with the Mexican government to reinstate a Trump -term boundary policy that forces asylum seekers to stay in that country until the date of their U.S. immigration court.
The program will begin again at a border location on Monday and will eventually involve seven entry points, including San Diego and the Texas cities of Laredo, El Paso and Brownsville, NBC News reported.
The policy was first implemented in 2019 by former President Donald Trump amid an increase in Central American families crossing the southwestern border. About 70,000 migrants have been repatriated to Mexico under the policy since 2019, according to the American Immigration Council.
President Joe Biden suspended the policy on his first day in office, citing the violence faced by migrants in Mexico for their court hearings, and formally ended it in June,
But the Republican -led states of Texas and Missouri sued the Biden administration in April for suspending the program. In August, a federal judge for the Northern District of Texas sided with the states and ordered the administration to reinstate the policy pending the outcome of the lawsuit. The administration has appealed to the Supreme Court to block its efforts to end the policy.
Since then, the U.S. has been in contact with the Mexican government on how to bring back the controversial program.
“Major changes” will be made to the policy to address humanitarian concerns raised by both the Mexican and U.S. governments, the Department of Homeland Security said in a press release.
For example, the U.S. aims to end immigration court proceedings within six months after an individual’s return to Mexico under the revised policy. Previously, migrants subject to the policy often waited months, if not years, to see an immigration judge.
Adult migrants will be offered the opportunity to be vaccinated for Covid-19, according to a statement by the Department of Homeland Security. Vaccination is not mandatory.
The U.S. will also ensure that migrants subject to the policy have access to legal counsel before and during immigration court hearings, and will ensure that there are “safe and secure” accommodations available for those staying in Mexico. .
These changes respond to various “humanitarian concerns” raised by the Mexican government over the “Stay in Mexico” policy last week. The US government has urged the US to speed up immigration court procedures and give migrants more resources.
“The Mexican Government reiterates the importance of strengthening development cooperation to address the roots of migration,” the Mexican Foreign Ministry said in a press release. “In addition, it reaffirms the objective of administering a migration policy that respects the human rights of migrants to achieve orderly, safe and regular migration in the region.”
In another effort to end the program, Homeland Security Secretary Alejandro Mayorkas issued a memo in October that also shared humanitarian concerns about the policy.
He said it imposed “substantial and unfair human costs” on the thousands of migrants who waited in Mexico and “failed to provide the fair process and humanitarian protections that all people deserve,” according to the four-page memo. .
Mayorkas also noted that migrants sent to Mexico under the policy are subject to “extreme violence and insecurity” at the hands of transnational criminal organizations.
For example, there were at least 1,544 publicly documented cases of rape, kidnapping, assault, and other crimes committed against individuals returned under the MPP as of February 2021, according to Human Rights First. Several people, including at least one child, died after returning to Mexico under the policy and trying to cross the border again.
“‘ Stay in Mexico ’and other policies that violate asylum laws and agreements are inhumane and unfair,” Human Rights First said in a press release. “Every day they are in the area, they deliver people seeking protection to areas where they have been the target of brutal attacks and kidnappings committed by deadly cartels and corrupt Mexican officials.”
The return of the “Stay in Mexico” policy came as the Biden administration faced intense criticism for its handling of the highest number of migrants encountered on the U.S.-Mexico border in two decades.
Republican lawmakers have criticized Biden for not taking a tougher stance to block immigration, pushing the idea that he encourages “open borders” and falsely claiming that migrants are driving the spread of Covid- 19.
Rep. Tony Gonzales, R-Texas, for example, told Fox News on Sunday that the U.S.-Mexico border remains “open as ever.” He called on the Biden administration to immediately restart the “Remain in Mexico” program.
The administration has also received backlash from progressive Democrats and immigration advocates for not returning to the former president’s harsh immigration policies.
In particular, they condemned the Biden administration’s use of a second policy during the Trump era known as Title 42. The policy allows for the rapid expulsion of migrants from the U.S. without giving them the opportunity to apply for in asylum.
In August, the Centers for Disease Control and Prevention said Title 42 would remain in effect until there was no longer a risk of non-U.S. citizens bringing Covid-19 into the country when they cross the border. Unaccompanied children are not included in the health law.
The Biden administration has defended its use of Title 42 on several occasions.
Mayorkas called Title 42 a “Centers for Disease Control public health authority” and not an “immigration policy,” saying pandemic conditions justify its use.
“We view this as a public health requirement because it is mandated by the Centers for Disease Control,” Mayorkas said in an October interview with Yahoo News.
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