[323] Human Rights First, Crossing the Line: US Border Agents Illegally Reject Asylum Seekers, May 2017, p. 5, https://www.humanrightsfirst.org/sites/default/files/hrf-crossing-the-line-report.pdf (accessed December 20, 2020). §§ 208.16(c), 1208.16(c). § 1253(b)(3). See Acuerdo para la Adopción y Uso por la Administración Pública Federal de la Clave Unica de Registro de Población. [233] TRAC Immigration, Syracuse University, “Details on MPP (Remain in Mexico) Deportation Proceedings” (data through November 2020), https://trac.syr.edu/phptools/immigration/mpp/ (accessed December 22, 2020). See also Human Rights Watch, “We Can’t Help You Here,” p. 36. Reg. “I wanted to put my son in school, but I worry about bullying,” Marisela F., a 21-year-old Honduran woman, told us, explaining that she and her family had experienced a lot of discrimination in Ciudad Juárez and elsewhere in Mexico because they were from Central America. [246] Elena Reina and Elías Camhaji, “Los migrantes varados en México, desarmados frente al coronavirus,” El País, March 21, 2020, https://elpais.com/internacional/2020-03-20/los-migrantes-varados-en-mexico-desarmados-frente-al-coronavirus.html (accessed June 26, 2020). the , . [66] Human Rights Watch remote interview with Denise Gilman, September 21, 2020; Denise Gilman, Notes from Visit to El Paso Immigration Court, November 4, 2019, submitted in support of Urgent Request for Precautionary Measures, J.L.A.M. [49] Human Rights Watch interview with Julián M., Ciudad Juárez, January 7, 2020. When we spoke to Marla and Salvador in November 2019, they had found another shelter. 218, Lyndon B. Johnson School of Public Affairs, May 2020, p. 20, https://repositories.lib.utexas.edu/handle/2152/81991 (accessed December 18, 2020). See also US Customs and Border Protection, “Supplemental Migrant Protection Protocols Guidance: MPP Amenability,” December 7, 2020, p. 1. Clearly communicate to DHS the current shelter capacity in each sector and refuse to accept anyone DHS attempts to transfer outside of those parameters. [195] See Nora v. Wolf, Plaintiff’s Memorandum in Support of Motion for Preliminary Injunction, No. [167] Declaration of Vicente O., November 25, 2019 (on file with Human Rights Watch). [73] Record of Sworn Statement in Administrative Proceedings, Yuma Border Patrol Station, November 14, 2019, p. 2 (on file with Human Rights Watch; name and file number withheld). [209] Human Rights First, Pandemic as Pretext: Trump Administration Exploits COVID-19, Expels Asylum Seekers and Children to Escalating Danger, May 2020, p. 2, https://www.humanrightsfirst.org/sites/default/files/PandemicAsPretextFINAL.pdf (accessed July 2, 2020). See Matter of M- S-, 27 I. Bob Moore (@BobMooreNews), Twitter (March 15, 2020, 4:14 p.m. EDT), https://twitter.com/BobMooreNews/status/1239646317791424515 (accessed July 3, 2020). For instance, a Cuban woman told Human Rights Watch: Being placed in the MPP added to their stress, they said. 5 (1982), p. 89. [311] See Spinazzola et al., “Toward an Empirically Based Developmental Trauma Disorder Diagnosis for Children”; National Scientific Council on the Developing Child, “Excessive Stress Disrupts the Architecture of the Developing Brain,” Harvard University Center on the Developing Child Working Paper No. 51 (2019), pp. [232] See Anna-Catherine Brigida, Acacia Coronado, and Emily Kinskey, “Solicitantes de asilo y migrantes en peligro por políticas estadounidenses en la pandemia,” Ejecentral, June 30, 2020, https://www.ejecentral.com.mx/solicitantes-de-asilo-y-migrantes-en-peligro-por-politicas-estadounidenses-en-la-pandemia/ (accessed October 18, 2020). 3-4, https://www.humanrightsfirst.org/sites/default/files/GRM%20Report%20on%20Conditions%20in%20Matamoros.pdf (accessed October 18, 2020). [299] Human Rights Watch interview, Ciudad Juárez, January 2020. [337] The Obama administration made extensive use of prolonged family detention,[338] regularly violated the 1997 settlement agreement that set minimum standards for immigration detention of children,[339] and employed border turnbacks, particularly of Haitians seeking asylum,[340] among other abusive practices. [179] Human Rights Watch, “US Move Puts More Asylum Seekers at Risk.” See also Human Rights Watch, “Mexico: Risks at Border for Those with Disabilities.”. 6 (2018), pp. [201] Human Rights Watch, “We Can’t Help You Here,” p. 20. Notice should be provided by a variety of means, including regular radio announcements in Spanish, Portuguese, and the most common Indigenous languages spoken in Guatemala, including K’iche’, Q’eqchi’, Kaqchikel, and Mam. 4-5 n.1 (on file with Human Rights Watch; name and file number withheld). [96] Migrant Protection Protocols Initial Processing Information notice issued to Clara P., September 20, 2019. [280] Myriam Vidal Valero and Rodrigo Pérez Ortega, “Kids Seeking Asylum Find Some Measure of It in One Makeshift School,” New York Times, August 18, 2020, https://www.nytimes.com/2020/08/18/parenting/migrant-children-school-border.html (accessed September 8, 2020). [336] Under President George W. Bush, immigration authorities expanded the use of expedited removal. [324] See also Human Rights Watch, “US: Mexican Asylum Seekers Ordered to Wait.”. 59 (2010), pp. By law, children in Mexico can attend public schools regardless of their migration status. 21,229 (May 8, 2019). [67] Human Rights Watch telephone interview with Alysha Welsh, October 30, 2020; AILA, “Policy Brief: Public Access to Tent Courts Now Allowed, But Meaningful Access Still Absent,” January 10, 2020, p. 2, https://www.aila.org/advo-media/aila-policy-briefs/public-access-tent-courts-allowed-not-meaningful (accessed July 14, 2020). [261] See, for example, Dianne Solis, “Asylum-Seekers in Matamoros Migrant Camp Fear They’ll Be Forgotten,” Brownsville Herald, September 9, 2020, https://www.brownsvilleherald.com/2020/09/09/asylum-seekers-matamoros-migrant-camp-fear-theyll-forgotten/ (accessed October 16, 2020); Julie Watson, “Volunteers Step in to Keep Asylum Seekers Healthy on Border,” Associated Press, December 18, 2019, https://apnews.com/article/3d8f23344bece9fff142ec6a11625d81 (accessed July 25, 2020); Acacia Coronado, “Field Hospital Begins Construction in Matamoros Migrant Camp in Response to COVID-19,” Texas Observer, April 29, 2020, https://www.texasobserver.org/field-hospital-begins-construction-in-matamoros-migrant-camp-in-response-to-covid-19/ (accessed July 16, 2020). The Refugee Protocol removed the temporal and geographic restrictions contained in the Refugee Convention. [315] The MPP does not facilitate such an environment for children and their families; instead, children and their families frequently face food and shelter insecurity, assault, harassment, and discrimination, significantly disrupting the stability of the caregiving environment and the security of family relationships. 2008) (citing Haitian Centers Council, 509 U.S. at 180 & n. 36; Cardoza-Fonseca, 480 U.S. at 429, 432, 437). This plan should not require people to wait until their next scheduled immigration court hearing. 41,201 (July 9, 2020). As a consequence, people placed in the MPP are denied their right to a full and fair hearing[341] and deprived of the right to seek asylum.[342]. See also Jessica Bolter and Doris Meissner, “USCIS Fee Increase Proposed Rule Could Represent the Latest Step in Reshaping Immigration to the United States,” Migration Policy Institute, December 2019, https://www.migrationpolicy.org/news/uscis-fee-hike-could-be-latest-step-reshape-immigration (accessed October 12, 2020). See Matter of L- M- P-, 27 I. [268] But when we asked whether children were enrolled and attending classes in regular schools, many parents replied that they were fearful of sending their children to school, a reflection both of the dangers they had experienced in Mexico and the risks they had faced in their own countries. 9(X), Diario Oficial de la Federación, September 30, 2019; Ley de Migración [Immigration Law], art. 18(a) (calling on states to take steps to ensure “the right of each person concerned to have the case examined individually and not collectively”). [304], Another 23-year-old Honduran woman, Juliana T., described significant changes in her 7-year-old daughter’s behavior and functioning after the girl was sexually assaulted while in a shelter in Ciudad Juárez. CAT/C/GC/4 (September 4, 2018), para. [203] Witness statement, September 12, 2019 (on file with Human Rights Watch). In line with international standards, the term “child” refers to a person under the age of 18. [171] Human Rights Watch remote interview with Luis M. Gonzalez, September 28, 2020. or would more likely than not be tortured”); US Department of Homeland Security, Assessment of the Migration Protection Protocols, October 28, 2019, p. 9 (“In conducting MPP assessments, asylum officers apply a ‘more likely than not’ standard . [239] Erin Sheridan, “Rio Grande May Crest; Threatens Migrant Camp,” Brownsville Herald, July 29, 2020, https://www.brownsvilleherald.com/2020/07/29/wait-see-rio-grande-expected-crest-force-evacuations/ (accessed October 17, 2020). Chihuahua’s Migrant Assistance Center (Centro de Atención a Migrantes, CAIM) is located near the Paso del Norte international bridge. See Michelle Hackman, “U.S. [116] Some immigration courts closed in March after staff reported exposure to or contraction of Covid-19. [133] US Department of Homeland Security, “Policy Guidance for Implementation of the Migrant Protection Protocols,” January 25, 2019, p. 4 n. 5, https://www.dhs.gov/sites/default/files/publications/19_0129_OPA_migrant-protection-protocols-policy-guidance.pdf (accessed December 19, 2020). [14] TRAC Immigration, Syracuse University, “Details on MPP (Remain in Mexico) Deportation Proceedings” (data through November 2020), https://trac.syr.edu/phptools/immigration/mpp/ (accessed December 22, 2020). [271] Human Rights Watch interview, Ciudad Juárez, January 7, 2020. 14(1), December 16, 1966, 999 U.N.T.S. [310], Exposure to stress, adversity, and trauma is known to have a cumulative impact: increased frequency and duration of exposure to stress and adversity correspond with increased risk for psychological distress and long-term impairment in health and functioning. Juliana said her daughter suffers from nightmares and other sleep problems, intrusive thoughts and feelings, avoidance of trauma reminders, memory difficulty, and hypervigilance. Those placed in the MPP are not in expedited removal proceedings. [310] Human Rights Watch interview with Melissa Soto Osuna, Tijuana, November 22, 2019. Decision of the Immigration Judge, Immigration Court, San Diego, September 12, 2019, pp. “The girl was traumatized. They made their way to Baja California and walked through a gap in the wall on the US side of the border. Reg. 1-2 (referral to asylum officer if a person “affirmatively states” fear). “Now add Covid Title 42 [summary expulsions] to the list. The general conditions and experiences of individuals and families in the MPP correspond to factors associated with trauma exposure and posttraumatic stress reactions. Chihuahua’s Migrant Assistance Center (Centro de Atención a Migrantes, CAIM) is located near the Paso del Norte international bridge. [251] Ley General de Migración, art. 30 (2005), pp. Increased difficulty with emotional regulation is another common outcome of children’s exposure to trauma. Most were unaware that was an option. [349] Committee against Torture, General Comment No. TRAC Immigration’s analysis of immigration court data found 530 grants of asylum or withholding of removal through November 2020 (no MPP cases were heard between the end of March and December 2020). The long-term and ambiguous nature of their life on the border, with no clear timeline for court hearings or protection, intensifies the stress, anxiety, and trauma they experience, we heard. This plan should include provision for all people placed in the MPP, including those whose hearings were terminated or otherwise closed by an immigration judge, regardless of whether any appeal was made; those who received in absentia removal orders; and those whose cases are under review by the Board of Immigration Appeals or the federal courts. As they moved on from Veracruz, Mexican immigration agents apprehended the family and detained them for 40 days. . [276] See Acuerdo para la Adopción y Uso por la Administración Pública Federal de la Clave Unica de Registro de Población, Diario Oficial de la Federación, October 23, 1996. 6: Treatment of Unaccompanied and Separated Children Outside Their Country of Origin, U.N. Doc. Human Rights Watch interview with Héctor C., Tijuana, November 24, 2019. Human Rights Watch interview with Blanca M., Ciudad Juárez, January 7, 2020. 31 (2018), pp. “US: Mexican Asylum Seekers Ordered to Wait,” Human Rights Watch news release, December 23, 2019. 378-431, http://hrlr.law.columbia.edu/files/2019/11/51.1.6-Lee.pdf (accessed December 19, 2020). [298] Human Rights Watch interview with Edwin F., Cuidad Juárez, January 10, 2020. [243] Human Rights Watch telephone interview with Tania Guerrero, June 16, 2020. 57,661 (November 9, 2018); Addressing Mass Migration Through the Southern Border of the United States, 84 Fed. For assessments of the treatment of asylum seekers placed in expedited removal proceedings prior to 2017, see Elizabeth Cassidy and Tiffany Lynch, Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal, US Commission on International Religious Freedom, 2016, https://www.uscirf.gov/sites/default/files/Barriers%20To%20Protection.pdf (accessed July 16, 2020); Human Rights Watch, “You Don’t Have Rights Here”: US Border Screening and Returns of Central Americans to Risk of Serious Harm, 2014, https://www.hrw.org/report/2014/10/16/you-dont-have-rights-here/us-border-screening-and-returns-central-americans-risk; US Commission on International Religious Freedom, Report on Asylum Seekers in Expedited Removal, 2005, https://www.uscirf.gov/reports-briefs/special-reports/report-asylum-seekers-in-expedited-removal (accessed July 16, 2020). * - Main goods are marked with red color . In each of these cases, as in many others reviewed by Human Rights Watch, CBP agents listed the person’s address as “domicilio conocido” (“residence known”). The Committee on the Rights of the Child issued authoritative guidance on the Convention on the Rights of the Child. But a source of stress for applicants is that COMAR does not provide people with a document giving them some security that they will not be deported while their asylum case is pending, Macías told Human Rights Watch.[294]. [185] Human Rights Watch telephone interview with Constance Wannamaker, October 2, 2020. & N. Dec. at 828 & n.2. Cal. “People have a sense of despair and hopelessness. 8 (“Los migrantes independientemente de su situación migratoria, tendrán derecho a recibir de manera gratuita y sin restricción alguna, cualquier tipo de atención médica urgente que resulte necesaria para preservar su vida.”). . Human Rights Watch remote interview with Luis Gonzalez, September 28, 2020. [166] Declaration of Florencia M., November 25, 2019 (on file with Human Rights Watch). .”). We would like to show you a description here but the site won’t allow us. [18] See TRAC Immigration, “Asylum Decisions by Custody, Representation, Nationality, Location, Month and Year, Outcome and More” (data through September 2020), https://trac.syr.edu/phptools/immigration/asylum/ (accessed October 31, 2020). [300], Such behavioral changes are common reactions among children to exposure to traumatic stress, especially when there has been a rupture in trust and security in parent-child attachment. I. Get a 15% discount on an order above $ 120 now. As a result, placement in the MPP can be expected to correspond with long-term difficulties in parenting, family functioning, child behavior, child development, and overall health and well-being. . But in reality it is a right to go to school,” one official told us. [35] Human Rights Watch remote interview with Luis M. Gonzalez, September 28, 2020; Human Rights Watch remote interview with Cindy Woods, managing attorney, Proyecto de Ayuda para Solicitantes de Asilo, Texas RioGrande Legal Aid, September 11, 2020. See also US Department of Homeland Security, “Assessment of the Migrant Protection Protocols (MPP),” October 28, 2019, pp. [210] Human Rights Watch interview with Edwin F., Ciudad Juárez, January 10, 2020. Those placed in the MPP are not in expedited removal proceedings. 5 (2017), pp. We would like to show you a description here but the site won’t allow us. [60] Human Rights Watch remote interview with Luis M. Gonzalez, September 28, 2020. [289] Human Rights Watch interview, January 2020. 19-2676 (D.D.C. Ley General de Educación [General Education Law], art. . 2020), stayed, 140 S. Ct. 1564 (2020). See Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley General de Salud y de la Ley de los Institutos Nacionales de Salud [Decree by which various provisions of the General Health Law and the Law of the National Institutes of Health are amended, added and repealed], Al Insabi se le vendrá encima la realidad. For 2020, its budget was equivalent to just $28 per application, based on its estimate that it would receive 85,000 applications during the year, as compared with $575 per application received in 2013, an analysis by the University of Texas at Austin’s Strauss Center for International Security and Law found. DHS has refused most requests for exemption or release from the MPP on humanitarian grounds, as Human Rights Watch and other groups have found. 31 (2001), pp. Human Rights Watch interview, Ciudad Juárez, January 2020. After two days in immigration holding cells, CBP sent them to Tijuana. We heard that Mexican authorities have generally renewed temporary stays as long as a person’s asylum case remains pending. [54] Human Rights Watch interview, Ciudad Juárez, January 7, 2020. [17] Department of Homeland Security, “Migrant Protection Protocols Metrics and Measures,” n.d., pp. Other serious due process shortcomings of the Remain in Mexico program include deficient notice, resulting in the loss of rights and creating the risk that people may not appear at hearings through no fault of their own; questionable procedural tactics by DHS; and dubious interpretations of newly issued asylum regulations by some immigration judges. . Criminal groups target public and private passenger buses as well as private automobiles traveling through Tamaulipas, often taking passengers hostage and demanding ransom payments. The research team was composed of two lawyers, a pediatrician, a clinical psychologist, and two law students. . . 137, Diario Oficial de la Federación, September 28, 2012, as amended, Diario Oficial de la Federación, May 23, 2014, http://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf (accessed October 15, 2020). 53(V). This report is based on research undertaken in Ciudad Juárez and El Paso from November 2019 to March 2020 and remote interviews carried out between March and October 2020. In Guatemala, they were robbed of all of their money, so they stayed with a relative in Belize for a time while they worked to earn money to continue their journey. We would like to show you a description here but the site won’t allow us. [312] Individuals and families in the MPP consistently described a sense of disempowerment and helplessness, coupled with a chronic sense of threat and danger of assault, persecution, and general instability and insecurity. 3, updated edition—January 2014, https://developingchild.harvard.edu/resources/wp3/ (accessed December 16, 2020); Bruce S. McEwen, “Stressed or Stressed Out: What Is the Difference?” Journal of Psychiatry & Neuroscience, vol. 20-27; Human Rights Watch, “US Move Puts More Asylum Seekers at Risk”; Human Rights Watch, OIG Complaint. You say that it says here, on page 3, that the US Border Patrol advised me of my rights? [79] The third-country asylum bar is discussed more fully in Section V. [80] Human Rights Watch telephone interview with Nicolas Palazzo, June 16, 2020. Reg. TRAC Immigration’s analysis of immigration court data found 530 grants of asylum or withholding of removal through November 2020 (. Mexican authorities on the border tell people they have the right to work in Mexico during the time they are in the MPP, but the paper record of admission, the only Mexican document the people we interviewed had received, is not work authorization. [176] Human Rights Watch telephone interview with Renata A., September 29, 2020. [283] Vidal Valero and Pérez Ortega, “Kids Seeking Asylum Find Some Measure of It in One Makeshift School.”. See Gobierno del Estado de Chihuahua, “Inaugura Gobernador Centro de Atención a Migrantes en Juárez y encabeza sesión de Coespo,” February 26, 2019, http://chihuahua.gob.mx/contenidos/inaugura-gobernador-centro-de-atencion-migrantes-en-juarez-y-encabeza-sesion-de-coespo (accessed October 13, 2020).
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