After Biden’s action, hundreds of Mexicans were deported to Nogales every day

Advocates are witnessing the daily deportation of hundreds of Mexican families to Mexico as their asylum applications are denied by U.S. Border Patrol agents following President Joe Biden’s recent order limiting asylum between border crossings.

About 200 Mexican citizens, mostly families with young children, many of whom are fleeing violence and persecution, are being deported to Mexico each day, said Pedro De Velasco, director of education and outreach for the Nogales-based Kino Border Initiative.

Migrants told Kino Border Initiative that they tried to surrender to U.S. Border Patrol agents to seek asylum, but their requests were ignored.

“Even after they explain to Border Patrol agents … they are fleeing violence and persecution or explicitly requesting asylum, they are immediately ignored and deported to Mexico,” De Velasco said.

This is contrary to the order, which still allows people experiencing persecution or showing an intention to seek asylum to undergo a credible fear test, it said.

According to the U.S. Department of Homeland Security, the president’s executive action allows “alien nationals” who cross the southern border and are processed for expedited removal to be submitted to a credible fear screening by an asylum officer if they express concern about returning to their home country or country of expulsion, fear of persecution or torture, or intention to apply for asylum.

“Not everyone has a valid asylum application, but even if one person is fleeing violence or persecution, all you need to do is ask the Border Patrol to listen to each one,” De Velasco said. “You can’t ignore all of them because there’s a risk you’re putting someone in danger or getting killed.”

What does Biden’s executive action mean for migrants?

On June 4, Biden issued a proclamation authorizing the U.S. Border Patrol to suspend all Section 212(a) asylum procedures. f) and 215 letter (a) the U.S. Immigration and Nationality Act when the number of migrant crossings between ports of entry exceeds 2,500 per day for a seven-day period.

Processing will resume when the number of migrant crossings drops below 1,500 per day over a seven-day period. The order will not affect the processing of asylum applications at legal border crossings.

The executive action prohibits migrants who cross the southern border illegally or without authorization from qualifying for asylum “under exceptionally compelling circumstances.”

Important circumstances include a medical emergency, an immediate threat to life or safety, and a victim of human trafficking.

The new rule also requires migrants seeking asylum to apply for entry through one of 1,500 daily border-wide encounters available on the CBP One mobile app.

However, people making appointments with immigration officials through the app often have to wait months for an appointment if they are lucky to get one, with the average person waiting four months or longer for an appointment, De Velasco said.

Following the president’s executive actions, this wait may be longer. De Velasco said some appointments were made before the order was issued, but now everyone must apply through an app. Border officials did not increase the number of appointments available.

Nogales is seeing an increase in the number of Mexicans returning to Mexico

The executive action has resulted in a sharp increase in the number of Mexicans arriving daily at the repatriation office in Nogales, Sonora. The high number of arrivals means some people are forced to wait outside in 35-degree heat until they are spotted. De Velasco said there are about 50 people in the repatriation office at any given time, and 20 people waiting outside in the terrible heat.

The latest number of people who have returned to Mexico is much higher than before Biden’s executive action. The latest figures from the Mexican government show that the number of migrants returned to Mexico through the DeConcini Port of Entry in Nogales reached 2,607 in January; 2,914 in February; 3,234 in March; and 3,517 in April.

Another change resulting from the new rules is the lack of options for voluntary return instead of deportation, De Velasco said. The voluntary departure option allows you to leave without formal removal proceedings or deportation fees. Deportation prevents migrants from returning to the U.S. for at least five years and may result in criminal prosecution.

“We’re talking about Mexican citizens who are stuck in the same country they’re trying to escape,” he said. “They are returned to the same country, facing the same danger.“

Immigrant rights groups are suing the Biden administration over executive actions

On Wednesday, immigrant rights groups announced they plan to sue the Biden administration over the new rule, saying it puts thousands of lives at risk.

The American Civil Liberties Union, the National Center for Immigrant Justice and several other groups filed the federal lawsuit on behalf of Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services.

The groups argue that the rule effectively cuts off access to asylum protections for most people arriving at the U.S.-Mexico border, “no matter how strong their claims,” the groups wrote in a news release. They compared the new rule to the entry ban for asylum seekers introduced during former President Donald Trump’s administration.

The groups also say the provision is inconsistent with the Asylum Act passed by Congress, which allows migrants to apply for asylum regardless of whether they enter a port of entry or not.

“Around the world, people are fleeing persecution and torture at higher rates than ever before,” said Keren Zwick, director of litigation at the National Immigrant Justice Center. “It is shameful that the U.S. government has chosen to respond by cutting off access to asylum for those who come to our border in need.”

Many officials in border towns say they support the executive action

Biden invited numerous officials from border towns to his June 4 announcement in Washington. One of the participants was Santa Cruz County Board of Supervisors member Manny Ruiz.

After the announcement, he and the Board of Trustees thanked Biden.

“These actions will provide relief to our border community by reducing the influx of migrants and supporting our Border Patrol agents,” Ruiz said in a written statement.

Ruiz’s statement about the new rules reflects similar sentiments expressed by other officials in border towns, but contrasts with the reactions of progressive lawmakers and advocates.

Ruiz told The Arizona Republic that Biden’s actions were precipitated by former President Donald Trump’s actions to thwart a “good” bill that gained bipartisan support and provided more aid to border communities. He called on Congress to work on the “broken immigration system” and fix it.

As more people are deported to Nogales, De Velasco reiterated that the Kino Border Initiative is prepared and ready to help welcome migrants back to Mexico, offer them support and help those who wish to remain in Nogales integrate into the community.

“We are ready for it. We are ready for this. We are simply asking for the support of the people and for the government to do its part,” De Velasco said.