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Haitians on Texas border undeterred by U.S. plan to expel them

APPublished: 2021-09-19 10:30:55
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Crowd estimates varied, but Val Verde County Sheriff Frank Joe Martinez had said there were about 13,700 new arrivals in Del Rio as of Friday. Migrants pitched tents and built makeshift shelters from giant reeds known as carrizo cane. Many bathed and washed clothing in the river.

It is unclear how such a large number amassed so quickly, though many Haitians have been assembling in camps on the Mexican side of the border to wait while deciding whether to attempt entry into the U.S.

The number of Haitian arrivals began to reach unsustainable levels for the Border Patrol in Del Rio about 2 ½ weeks ago, prompting the agency’s acting sector chief, Robert Garcia, to ask headquarters for help, according to another U.S. official who was not authorized to discuss the matter publicly.

Since then, the agency has transferred Haitians in buses and vans to other Border Patrol facilities in Texas, specifically El Paso, Laredo and Rio Grande Valley. They are mostly processed outside of the pandemic-related authority, meaning they can claim asylum and remain in the U.S. while their claims are considered. U.S. Immigration and Customs Enforcement makes custody decision but families can generally not be held more than 20 days under court order.

Homeland Security's plan announced Saturday signals a shift to use of pandemic-related order for immediate expulsion to Haiti without an opportunity to claim asylum, the official said.

The flight plan, while potentially massive in scale, hinges on how Haitians respond. They might have to decide whether to stay put at the risk of being sent back to an impoverished homeland wracked by poverty and political instability or return to Mexico. Unaccompanied children are exempt from fast-track expulsions.

DHS said, "our borders are not open, and people should not make the dangerous journey."

“Individuals and families are subject to border restrictions, including expulsion,” the agency wrote. “Irregular migration poses a significant threat to the health and welfare of border communities and to the lives of migrants themselves, and should not be attempted.”

U.S. authorities are being severely tested after Democratic President Joe Biden quickly dismantled Trump administration policies that Biden considered cruel or inhumane, most notably one requiring asylum-seekers to remain in Mexico while waiting for U.S. immigration court hearings.

The pandemic-related order to immediately expel migrants without giving them the opportunity to seek asylum that was introduced in March 2020 remains in effect, but unaccompanied children and many families have been exempt. During his first month in office, Biden chose to exempt children traveling alone on humanitarian grounds.

Nicole Phillips, legal director for advocacy group Haitian Bridge Alliance, said Saturday that the U.S. government should process migrants and allow them to apply for asylum, not rush to expel them.

“It really is a humanitarian crisis,” Phillips said. “There needs to be a lot of help there now.”

Mexico's immigration agency said in a statement Saturday that Mexico has opened a “permanent dialogue” with Haitian government representatives “to address the situation of irregular migratory flows during their entry and transit through Mexico, as well as their assisted return."

The agency didn't specify if it was referring to the Haitians in Ciudad Acuña or to the thousands of others in Tapachula, at the Guatemalan border, and the agency didn't immediately reply to a request for further details.

In August, U.S. authorities stopped migrants nearly 209,000 times at the border, which was close to a 20-year high even though many of the stops involved repeat crossers because there are no legal consequences for being expelled under the pandemic authority.

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