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Central American migrants travel Tuesday in a truck between Mexicali and Tijuana, Mexico. | AP Photo / Rodrigo Abd
The White House is considering a plan to force Central American migrants to stay in Mexico while their asylum applications are pending.
The proposed change, which was reported for the first time Wednesday night in the Washington Post, would be a departure from the current procedure, which allows asylum seekers to remain in the United States until their case is reviewed by the United States. an immigration judge.
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The plan could be implemented as early as Friday, the Post said, although a spokeswoman for Homeland Security has strongly denied any such action.
"DHS is not implementing such a new enforcement program yet," said DHS spokeswoman Katie Walsh in an e-mail. "Non-existent policy reports create uncertainty and confusion along our borders and have a negative impact on the real world."
"We will, as always, ensure that any new program or policy respects humanitarian obligations, respects our national security and sovereignty, and is implemented with public notification and well coordinated with our partners," said Walsh.
According to the plan, according to the Post, refugees from Central America who can not establish a "credible fear" of persecution in Mexico will be turned back at the border. "If you are not determined to have a reasonable fear of staying in Mexico, you will stay in Mexico," said a DHS memo, according to Post.
Rumors about the proposed change began to circulate last week, an immigration lawyer told POLITICO, although a specific timetable for the announcement of the change remains unclear.
"It's definitely something they're trying to move forward," said Jennifer Quigley, strategist for Human Rights First.
DHS is still finalizing plan, says former Obama A Ministry of Justice official familiar with the memos, which makes it unlikely that the White House will announce it this week. The official described the plan as a workaround to put pressure on Mexico.
The internal struggle against the asylum policy of the administration has intensified in recent days. Chief of Staff John Kelly and DHS Secretary Kirstjen Nielsen objected to a cabinet order granting troops deployed on the southern border the right to use lethal force to defend their agents. The pair eventually give in, though the trade comes back to the speculation that Trump will soon be laying off Nielsen – an idea he has thrown out at friends and associates since the mid-term elections.
In order to carry out its latest asylum plan, the administration should probably convince Mexico to cooperate – a difficult task, said Quigley, since Mexico has far fewer asylum officers to deal with the problem. influx of refugees. Mexican officials did not immediately respond to requests for comment.
The plan could lead to more legal problems for the Trump government, which has lost a series of legal battles to prevent migrants from traveling to the United States. A federal judge in San Francisco temporarily suspended this week an expedited procedure and the presidential proclamation issued in November 9 barred asylum seekers from crossing the border between entry points.
Immigration advocates would probably question the latest plan. Federal law states that asylum seekers intercepted by border services officers "must be arrested for further examination of the application". If it is established that the person does not have a "credible fear of persecution", the law states that this person will be "returned from prison". United States without further hearing or review. "
"This is where you come into legally dubious territory," Quigley said.
Trump has repeatedly called migrant caravans a threat to national security and sent 5,800 troops to the border before the mid-term elections. Chief Justice of the Supreme Court John Roberts strongly criticized Trump's attacks on the courts on Wednesday after the president excised "Judge Obama" for suspending his asylum claim.
"We do not have Obama judges, Trump judges, Bush or Clinton judges," Roberts said in a statement. "What we have is an extraordinary group of dedicated judges, doing their best so that everyone has the same right as those who come before them. This independent justice is something for which we should all be grateful. "
Gabby Orr contributed to this report.
