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A Quick Fix to Help Migrants Left in Limbo by Overwhelmed Border Officers



WASHINGTON — A Haitian couple and their young son were among thousands of undocumented immigrants whom U.S. officials decided to allow entry through the southwest border last summer — part of a record-setting surge in unauthorized crossings over the past year.

Beginning last spring, immigration officials were so overwhelmed that they admitted tens of thousands of migrants while issuing them a new document that did not include the typical hearing dates or identification numbers recognized in the immigration court system. The change sped up the process of releasing them into the country, but also made it much harder for the new arrivals to start applying for asylum — and for the government to track them.

Months later, the government has not been able to complete the processing started at the border, showing how ill prepared the system was for the surge and creating a practical and political quagmire for the Biden administration.

President Biden pledged as a candidate to fix the country’s broken immigration system, a campaign mantra that resonated with many voters after the harsh policies of President Donald J. Trump. But over Mr. Biden’s first year in office, his administration’s response to the surge in migration has consisted largely of crisis-driven reactions — including the faster entry process.

Migrants were caught crossing the southwest border illegally more than 2 million times between December 2020 and December 2021, the largest number since at least 1960. They came not just from Central America and the Caribbean but from around the world, many fleeing persecution and economic hardship with the expectation that Mr. Biden would be more welcoming than Mr. Trump.

Although migrants were expelled in a little more than half the cases, more than 400,000 of them were released into the country for a variety of reasons during Mr. Biden’s first year in office.

Of those, more than 94,000 were released through the sped-up process — a streamlined version of a longtime practice that critics call “catch and release,” in which those who are apprehended at the border are released from custody pending their immigration court proceedings.

These migrants were instructed to register with Immigrations and Customs Enforcement within 60 days to complete the process the border officials started. But in some parts of the country, local ICE offices were overwhelmed and unable to give them appointments. So the Haitian family and other new arrivals have spent months trying in vain to check in with ICE and initiate their court cases.

“It was a quick fix — ‘Deal with them later,’” said Evangeline Chan, an immigration lawyer in New York. “But they have not been able to.”

Human rights advocates say the change has made it harder for those seeking asylum to get by while they wait to be officially recognized in the immigration system. Republicans, in the meantime, have pounced on the Biden administration for releasing undocumented immigrants into the country with even less ability to keep track of them.

“Those who cross our border illegally should be detained and deported, not released into the interior of our country on an unenforceable promise to reappear,” 80 Republican House members wrote in a letter to Immigration and Customs Enforcement earlier this month.It is nothing short of reckless.”

ImageMigrants in Del Rio, Texas, in 2020. Under a Trump administration policy, many asylum seekers had to wait in Mexico until U.S. immigration judges ruled on their cases.Credit...Verónica G. Cárdenas for The New York Times ‘huge mess’Mr. Trump’s policy was to restrict the flow of asylum seekers at the southwest border by making it harder to qualify and by making some people wait in Mexico before they could enter the country to apply. In some cases, applicants had to stay in Mexico until U.S. immigration judges ruled on their cases.

The most restrictive policy, however, came at the beginning of the pandemic when the federal government started using an obscure public health rule known as Title 42 to turn migrants away at the border, including those seeking asylum.

Even so, hundreds of thousands have been allowed into the country for a variety of reasons including a lack of detention space because of pandemic precautions. The Biden administration has also made exceptions for humanitarian reasons, particularly for families and children.

Mr. Biden’s stated goal is to reverse Mr. Trump’s harshest immigration policies and be more welcoming to immigrants, but so far, immigration and human rights advocates say he has not come through, in large part because he has kept the public health order in place. Without it, Mr. Biden would have to make the tough choice of releasing even more undocumented immigrants into the country to

By: Eileen Sullivan
Title: Quick Fix to Help Overwhelmed Border Officials Has Left Migrants in Limbo
Sourced From: www.nytimes.com/2022/02/14/us/politics/border-immigrants-expedited-asylum.html
Published Date: Mon, 14 Feb 2022 10:00:19 +0000

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