The New Title 42

The New Title 42

info gathered by C.A. Matthews

Editor's note: From the "Just when you hoped things would get better for ordinary people" department comes news of what the Biden Administration wants to replace Trump's infamous "Title 42" deportation program with, and yes, it's fairly horrendous. 

In my day job as an immigration advocate, I have to explain what this new "Asylum/Transit Ban" is to a group of college students in a Powerpoint presentation. Here are my notes--along with a call for action. Everyone who reads this should send in a comment by the March 27th deadline and pass the link along. Lives are at stake.

 

The Biden Asylum/Transit Ban (“The New Title 42”)

What is/was Title 42?  

Title 42 is a public health and welfare statute enacted in 1944 which gives the Centers for Disease Control and Prevention the authority to determine whether a communicable disease in a foreign country poses a danger of spreading in the US. If the CDC finds that a disease does pose a threat, it can, with approval from the president, temporarily prohibit people or property from entering the country to avert danger. It was enacted at the beginning of the COVID-19 pandemic in March 2020. Title 42 is set to expire on May 11, 2023, when the Biden administration states it will declare the pandemic officially over within the United States.  

What’s the big controversy over Title 42? 

Title 42 has been used to prevent immigrants from entering the US and claiming asylum, even though all persons entering the country must show proof of COVID-19 vaccination. Throwing up policy roadblocks to prevent people from entering the country and claiming asylum goes against current US asylum law. There have been 2.5 million expulsions under Title 42. A pattern of discrimination against asylum seekers of certain nationalities, ethnicities, races, indigenous peoples, and LGBTQ+ persons has been noted. 

Expelled migrants from the US southern border have been sent to wait in the northern region of Mexico under the January 2019 MPP (Migrant Protection Protocols) or “Remain in Mexico”. Mexico will take only Department of Homeland Security expulsions of nationals of Mexico, Honduras, El Salvador, Guatemala, Nicaragua, Haiti, Cuba, and Venezuela. All others are either sent back to their country of origin or allowed to proceed through a “normal asylum procedure” in the US. 

(Editor's note: Notice that the more melanin in your skin, the more likely your right to claim asylum in the US will be thwarted. And where these folks are being told to wait in northern Mexico is far from safe and pleasant. Read the latest travel advisory from the US Department of State on how very dangerous that part of the world is. Many Mexican states are labeled by the US government as "Do not travel because of crime and kidnapping." This recent story about kidnapped and slain American medical tourists proves it. Photo above: US Customs and Border Patrol agent whipping a Haitian asylum seeker at the southern border last year.)

What is asylum? 

An asylum seeker meets the same legal standard as a refugee. An individual can claim asylum because of past persecution or fear of future persecution because of race, religion, nationality, political opinion, or membership in a particular social group. 

Congress passed the Refugee Act (1980) to bring the US into compliance with its international obligations under the United Nations 1951 Refugee Convention and its 1967 Protocol, which prohibits returning refugees to any country where their lives or freedom would be threatened. 

On a ruling on Title 42, the 9th U.S. Circuit Court of Appeals pointed out that the Refugee Act is very specific about the circumstances under which the government can deny asylum for failure to apply in a transit country. Under the act’s “safe third country” provision this scenario can happen only if the transit country is safe and has both a robust asylum system and a formal treaty with the United States agreeing to safe third-country status. 

Asylum seekers are supposed to be given a “credible fear interview” by a DHS officer at their port of entry to determine if their asylum claim has validity. If the officer says the claim of asylum is valid, the person can remain in the US while they await their court appearance to present their case before an immigration judge. The Biden administration’s proposed rule will narrow this procedure down to a “reasonable fear interview,” which has a much higher denial rate. If the officer denies the asylum claim, the migrant will be deported. They can appeal this denial, but most do not understand the appeal process and have no access to legal assistance. 

The importance of winning an asylum claim is that it is often the only path most immigrants can take to obtain a Legal Permanent Resident (LPR or “Green Card”) status and eventually become a US citizen. Temporary Protective Status (TPS) or similar statuses are not permanent and do not lead to LPR status or citizenship. 

What is the new “Biden Asylum/Transit Ban” going to do that’s different from Title 42? 

The Biden Administration on February 21, 2023, announced a crackdown on those seeking asylum in the US. The proposed rule would see the rapid deportation of anyone who has not first applied for asylum en route to the US southern border through the use of a smartphone app called “CBP One.” CBP One has been plagued with significant technical problems, preventing many from making “asylum appointments” (two weeks or more out) and has raised serious equity and privacy concerns. The app takes a very long time to fill out and has been known to crash, and the main text is currently available only in Spanish and Haitian Creole, with English only error messages. It cannot be accessed from a computer, and the user must first use an all-English web site, “Log-In.gov,” to set up an account and have their identity verified before accessing and applying for a an asylum appointment via CBP One. 

This proposed rule has been condemned by immigration rights groups, which claim it runs counter to the “humane immigration system” that Biden promised while campaigning for the White House. Some have called it a “hybrid of the Trump transit bans.” It clearly discriminates against those asylum seekers who are too poor to own a smartphone, have no stable internet accessibility, lack computer device skills, or are illiterate. 

The Trump Administration proposed prohibiting asylum for migrants who didn’t first apply for asylum (and been denied) in a country of transit before reaching the US southern border and entering through a port of entry. The court struck down this policy for violating the 1980 Refugee Act, which guarantees the right of all migrants who reach the US to apply for asylum. The Refugee Act expressly permits asylum seekers to access protection anywhere along the border—not just ports of entry—and it does not require appointments to be made in advance on a smartphone only app to request asylum. 

 What problems could this “New Title 42” (Biden Asylum/Transit Ban) cause? 

The proposed Biden Asylum/Transit Ban would create a new asylum restriction for adults and families who present themselves unannounced to US border officials at the southern border. If they have traveled through another country or countries on their way to the US, they would have to provide proof that they applied for asylum in one of the transit countries and been denied first. (One lawyer on a webinar noted that a denial of an asylum application in another country could be used against the person applying for asylum in the US, possibly in violation of the Fifth Amendment.) The Biden administration insists that every asylum seeker has the power to avoid the ban by sticking to what it calls “lawful pathways,” implying that it’s unlawful to seek asylum if you enter the United States between ports of entry (enter without inspection), which goes against the Refugee Act. 

The rule also creates a whole new convoluted procedure to determine whether and how the ban applies. For instance, if you fly into the US, this proposed rule will not apply to you. If you come across the border from Canada, this rule does not apply. Those who have received an advanced parole (and have a US sponsor) or come into the US under a work, student, or tourist visa will not be subject to this rule. The rule only applies to persons who have physically crossed into the United States at the southern border.

The biggest problems arise from the so-called “lawful pathways” that don’t really exist for many people. The process migrants could be shunted into instead is tantamount to a near-complete asylum ban when one considers how the process is intended to work and how it interacts with systems on the ground. And the rule doesn’t even attempt to explain these discrepancies! 

To get a feel for the absurdity of the proposed regulation, read How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps. https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

What can we do to express our concerns about this proposed asylum/transit ban rule?   

Go to https://immigrationjustice.quorum.us/campaign/44910/ or https://noasylumban.us     

Individuals can make a comment to the USCIS (US Citizenship and Immigration Service) about the proposed regulation. Only 30 days were given for public comments to be made (as compared to the usual 60 day comment period). The comment deadline is March 27, so write your comment soon and share the link with others. 

Learn more about the Biden Asylum/Transit Ban at 

https://humanrightsfirst.org/wp-content/uploads/2023/02/Biden_asylum_ban_factsheet_Feb2023_1.pdf

Last but not least editor's note: If you like to know more about what it's like to be an asylum seeker trying to navigate the complex US immigration system, watch the documentary Seeking Asylum. The filmmakers met a mother and her children fleeing a violent situation and trying to reunite with her husband who was working in the United States. More on how you can view it at its web site https://www.seekingasylumfilm.com/

Quote of the Week: 

 “We have spent the past decade pouring money into the border-security apparatus in an effort to deter asylum seekers. It hasn’t worked because we’ve spent all of that money on border security and we’ve spent almost none on actually building a functional and working humanitarian-protection system on the back end.  

And now we’ve got a two-million-case backlog, more than six hundred thousand asylum applications with U.S. Citizenship and Immigration Services, and three million people on ICE’s non-detained docket. This is not something that you’re going to be able to fix overnight. About the only thing the Biden Administration and Congress could do right now is just declare immigration bankruptcy and start all over again, and have amnesty, but there isn’t the political will for that right now, unfortunately.”

– Aaron Reichlin-Melnick, Policy Director at the American Immigration Council

Related Articles:

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers https://immigrationimpact.com/2023/02/28/cbp-one-app-flaws-asylum-seekers/ 

 

Critics Decry New Biden Rule as "Trump's Asylum Ban Under a Different Name  https://truthout.org/articles/critics-decry-new-biden-rule-as-trumps-asylum-ban-under-a-different-name/

  

How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps  https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

 

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse https://immigrationimpact.com/2023/02/27/labor-exploitation-migrant-children-biden-asylum-policy/ 

 

White House Struggles to Explain the Fate of Title 42 https://www.politico.com/news/2023/02/06/public-health-emerdency-title-42-00081390

From Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System https://immigrationimpact.com/2023/02/08/awaiting-court-dates-notice-to-appear

 

A Pennsylvania Hospital is Attempting to Deport an Undocumented Woman in a Coma https://truthout.org/articles/a-pennsylvania-hospital-is-attempting-to-deport-an-undocumented-woman-in-a-coma/

Other interesting articles I've read this week about the Ohio train derailments (there's now two of them!) and the quest for peace in the world:

Norfolk Southern Cargo Train Derailed Near Springfield (Ohio) https://www.dispatch.com/story/news/2023/03/04/cargo-train-derails-springfield-clark-county-ohio/69972311007/

East Palestine, Ohio And The Oligarchy https://popularresistance.org/east-palestine-ohio-and-the-oligarchy/

Angry residents confront EPA and railroad officials at East Palestine, Ohio town hall https://www.wsws.org/en/articles/2023/03/04/rail-m04.html

Norfolk Southern Used Sick Leave as a Bargaining Chip to Erode Safety, Union Says https://truthout.org/articles/norfolk-southern-used-sick-leave-as-bargaining-chip-to-erode-safety-union-says/

"Too Many Holes": Rail Workers Say Buttigieg Plan of Action is Not Enough https://popularresistance.org/too-many-holes-rail-workers-say-buttigieg-plan-of-action-is-not-enough/

East Palestine Residents Confront Norfolk Southern at Town Hall Meeting https://truthout.org/articles/east-palestine-residents-confront-norfolk-southern-at-town-hall-meeting/

Rail Workers Demand Immediate Action from Lawmakers to Rein in Rail Industry https://truthout.org/articles/rail-workers-demand-immediate-action-from-lawmakers-to-rein-in-rail-industry/

Exposure to Chevron's Climate Friendly Fuel May Pose Severe Risk of Cancer https://truthout.org/articles/exposure-to-chevrons-climate-friendly-fuel-may-pose-severe-risk-of-cancer/ 

The House's "Horrors of Socialism" Resolution Spurred by the Capitalist Class's Greatest Fear https://indypendent.org/2023/02/the-houses-horrors-of-socialism-resolution-spurred-by-the-capitalist-classs-greatest-fear/

China's Peace Plan for Ukraine https://scheerpost.com/2023/03/03/chinas-peace-plan-for-ukraine/

Major US Outlets Found Hersh's Nord Stream Scoop Too Hot to Handle https://scheerpost.com/2023/03/04/major-us-outlets-found-hershs-nord-stream-scoop-too-hot-to-handle/

Abnormal for West to Dodge Nord Stream Explosive Revelations https://enapp.globaltimes.cn/article/1286480

 

"Kind Imperialism"

"Kind Imperialism"

by C.A. Matthews

After a half year of studying US immigration law and policy, you'd think I'd be over it by now. But I'm not. I feel like ripping my hair out by the roots some days because our government refuses to follow its own laws and the protocols it has signed with the United Nations but somehow expects everyone else on the planet to do so. Perfectly, no less!

Hypocritical isn't it?

What triggered my hair pulling this week was news of how the Biden administration is expediting removals at the border. Our government is so hyped up to send people packing as fast as possible who step over the invisible boundary line that it's actually deporting US citizens. Yeah, no kidding! ICE has arrested 674, detained 121, and deported at least 70 US citizens in the past five years.

What makes this horror even more horrific is that non-citizens aren't guaranteed legal representation, and we've adopted a "guilty until proven innocent" attitude toward these poor souls. So, these unfortunates soon find themselves locked up in "detention facilities" (a nice name for a private-run, for-profit prison) until someone can find out what the hell happened to them and spring them.

Our Border Patrol and ICE won't believe you when you simply state that you're a US citizen or even bother to look up your contacts to testify to the fact apparently. They just enjoy locking people up during a pandemic who don't fit their idea of what a "citizen" is supposed to look like.

How many white people do you think ICE "accidentally" locked up in their detention centers? How many with Hispanic surnames or dark skin? Uh-huh.

But the worst injustice happens to asylum seekers who are coming to our country looking for refuge from well-founded fears of gang violence, domestic violence, and war. The US signed the 1967 Protocol relating to the Status of Refugees stating that we agree with the UN's definition of a refugee. It says:

A refugee is any person who is outside their country of nationality and is unwilling or unable to return because of fear of persecution because of that person's race, nationality, religion, membership in a particular social group, or political opinion and the government is unable or unwilling to provide protection.

We've agreed to protect refugees, officially labeled by the UN or self-labeled (asylum seekers). And yet we won't let these asylum seekers stay in the US as we process their claim to asylum as we agreed to when we signed the 1967 Protocol. No, we're kicking them out at our border crossings without due process, without an actual hearing with a trained asylum officer who is capable of accepting their plea for asylum.

We let ICE officers act like Nazi Brown Shirts and deny asylum seekers justice. We are breaking our own laws and breaking our covenant with the United Nations in regards to refugees. We are the lawbreakers--not those fleeing for their lives.

They are simply trying to find a safe haven. They are searching for a peaceful land to live in and raise their families. Many have escaped hell, and then we greet them at our borders with more of the same. In desperation, many have sent their children on ahead of them to the US in hopes of keeping their kids safe from the violence they are fleeing.

We really should be ashamed of ourselves. For some reason, we are not.

Yes, the "kids are cages" exist to this very day. Children fleeing for their lives because they are orphaned, abused, or were told by their parents or guardians that it was safer for them in the US than to remain in their homeland. This surge in unaccompanied children began during the Obama administration and has continued on under his former vice president.

You can change the figurehead in Washington DC, but you can't change our egregious immigration policies, or so it seems. Our immigration policing agencies (birthed a mere 20 years ago with the creation of the Department of Homeland Security) continue to reinforce the same racist, capitalistic, slave-laborer-loving quotas that the oligarchs have desired since the founding of our country.

"Kind Imperialism" is one way of putting it. The US has conquered/is conquering/is attempting to conquer the rest of the world, and yet we try to keep a kind face on our imperialistic, colonizing ways. Face it--we're not the friendly "melting pot" of cultures we were taught in fifth grade social studies. I haven't believed that lie for many years now.

Have you?

It doesn't take a certificate in immigration advocacy to understand prejudice and inhumanity after observing our government's actions toward immigrants. It's time for Americans to confess their personal indifference and call out the travesty of justice inflicted upon our neighbors by the agents of the DHS.

It's time to act kindly toward our neighbors.

Related Articles:

Very telling videos: "The Racist Border You Don't Hear About"  https://youtu.be/OwJBSDqPNUU 

"What It's Really Like To Be Caught By Border Patrol" https://youtu.be/AI0F3I_GNEE

Biden Furthers Trump Immigration Policy with Expedited Deportations of Families  https://truthout.org/articles/biden-furthers-trump-immigration-policy-with-expedited-deportations-of-families/

Tell Biden to Reopen US Border to Asylum Seekers  https://www.afsc.org/action/tell-president-biden-reopen-us-border-to-asylum-seekers

ICE Deports US Citizens  https://immigrationimpact.com/2021/07/30/ice-deport-us-citizens/

Primer on Expedited Removal  https://www.americanimmigrationcouncil.org/research/primer-expedited-removal 

Detained Immigrant Children Didn't Have Adequate Masks During a Covid Outbreak, Whistleblowers Allege https://readersupportednews.org/news-section2/318-66/70736-detained-immigrant-children-didnt-have-adequate-masks-during-a-covid-outbreak-whistleblowers-allege

Even more immigration articles:

https://readersupportednews.org/news-section2/318-66/70225-the-number-of-immigrants-jailed-by-ice-has-ballooned-under-biden-this-year

https://readersupportednews.org/news-section2/318-66/70183-an-immigration-courts-backlog-keeps-central-american-youth-in-legal-limbo

https://readersupportednews.org/news-section2/318-66/70168-supreme-court-rules-us-government-can-indefinitely-detain-some-immigrants

https://truthout.org/articles/better-than-trump-isnt-good-enough-end-deportation-now/

https://readersupportednews.org/news-section2/318-66/69910-immigration-judges-feel-overburdened-and-pressured-to-deport
 

***

BREAKING: The Biden administration just announced it will continue a Trump-era policy, known as Title 42, that bars families from entering the country under the false-pretense that it’ll keep us safe from COVID.

Make no mistake – President Biden is choosing to continue a cruel and racist policy that puts children and families in danger and is the opposite of the values that should underpin our immigration system: care, compassion, and dignity.

This is outrageous, and we need to create an immediate and massive public backlash to force President Biden to back down. Will you add your name to our urgent petition calling for an end to the cruel Trump-era policy known as Title 42?

ADD YOUR NAME →

Title 42’s impact has already been horrific – 875,000 people seeking asylum in the United States have been blocked from entering since March 2020. Families have been expelled to dangerous Mexican border cities where they’re often targeted by gangs and have less access to medical care and protective measures from COVID.

If this was really about public health – as the Biden administration claims – they could instead expand COVID-19 testing for families and children at the southern border or provide immediate vaccinations. In fact if anything the Biden administration’s immigration policies are *increasing* the risks of COVID for asylum seekers and for people in the U.S. by keeping families in unsafe conditions as they wait for legal entry.

The Biden administration has said they need time to fix the policies inherited from Trump. But seven months into office this is no longer an extension of a Trump policy: this is President Biden choosing to implement an inhumane immigration policy.

But it’s not too late to stop it and we’ve been successful pressuring President Biden before. In April, when President Biden tried to keep the refugee caps at the shamefully low levels Trump had imposed, thousands of us forced Biden’s team to quickly change course -- so we *have* to step up quickly again.

Add your name to our urgent petition now to demand the Biden Administration end the cruel Trump-era Title 42 policy, and replace it with a dignified, compassionate process to receive people seeking asylum.

People seeking protection deserve a warm welcome, not a cold shoulder. Absolutely no one should be detained, separated or instantly rejected without a fair hearing for trying to get their child out of harm’s way, especially amidst a global pandemic that affects migrant families at disproportionate rates.

More than ever, we need bold solutions to fix the broken immigration and asylum system. We need to push back on the notion that we as a country cannot rise to this task: We can.

Thanks for all you do,

Erin Mazursky, Organizing Director
Families Belong Together

***

 

Pololū Valley is a sacred place in Hawaii. It’s not only known for its beauty and lush wildlife, but it’s also land that embodies the history of Hawaiian people. But it now faces a severe threat: developers who could turn it into a parking lot. Hundreds of thousands are outraged, and are demanding immediate action to save this sacred land. The group Protect Pololū Valley started this petition and need your support to protect Pololū Valley.

Protect Pololū Valley

698,888 have signed Protect Pololu Valley’s petition. Let’s get to 1,000,000!

Sign now with a click

Do not donate. Donations do not come to the Protect Pololū! Pololū is a sacred place. A pu’uhōnua (a place of refuge, peace and safety). Kohala is the birthplace of an infant who sought refuge in Pololū Valley and grew up to become the King of Hawaii and unify the lands. Original place names of this region tell the mo’olelo (story) of how the people of this place protected this infant on his journey to Pololū Valley. "A‘ohe u‘i hele wale o Kohala" (No youth of Kohala goes empty-handed) speaks to the generosity of the Kohala people. Pololū Valley is more than a place of "cultural signficance". It is the history of the Hawaiian people. It is a place of refuge that we must protect for our future generations. On December 11, 2020 at the Board of Land and Natural Resources meeting the Division of Forestry and Wildlife submitted a request for approval to apply as a co-applicant to the County of Hawaii Planning Department together with Surety Kohala Corporation and KP Holdings LLC to submit a PCRS application for a 13-lot subdivision along the ridge at Pololū Valley. A request for approval to enter into a Letter of Intent with Surety Kohala Corporation and KP Holdings LLC was also submitted to donate land to the State of Hawaii.  At this meeting representatives from these organizations spoke as if the community was in agreement with their submittals. No one from the community attended the meeting or was notified about it. Prior discussions with the community were about the donation of lands to the State which include 5 acres to build a "comfort station" and parking lot for visitors and acreage on the valley floor for conservation. There was NO discussion about the proposed subdivison along the ridge. Surety Kohala Corporation and KP Holdings LLC will only donate land to the State AFTER the County approves the application for the subdivision. This is not a donation. It’s a payout. This is a process of greed. It doesn’t consider the wisdom of our kūpuna (elders) and the future of our keiki (children). It doesn’t acknowledge Pololū Valley as a wahi pāna (a sacred place). Instead, the land is sold, as "the best view" to the highest bidder, during a pandemic and a climate crisis. The State of Hawaii has mismanaged conservation lands of our sacred mountain Mauna Kea, just as these organizations continue to mismanage the generosity of the people. SIGN THIS PETITION TO PROTECT POLOLŪ VALLEY AND TELL SURETY KOHALA CORPORATION AND KP HOLDINGS LLC, BOARD OF LAND AND NATURAL RESOURCES, DIVISION OF FORESTRY AND WILDLIFE, COUNTY OF HAWAII AND THE COUNTY OF HAWAII PLANNING DEPARTMENT THAT OUR VOICES WILL BE HEARD AND THAT WE DO NOT WANT MORE DESECRATION AT THIS SACRED PLACE OF REFUGE. *You do not need to donate. Donations do not come to the Protect Pololu Valley page. https://m.youtube.com/watch?v=OwZ3UuvYPPk&feature=share

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Visit petition page   *** From Public Citizen:   No matter how much we all wish it were so, the coronavirus pandemic is NOT over: The much more contagious Delta variant is now the dominant strain of COVID-19 in the U.S. Cases, hospitalizations, and deaths are spiking in many parts of the country. Far too many people have refused to get vaccinated (in large part because of irresponsible and unconscionable propaganda being spread by countless Republican politicians and right-wing media degenerates like Fox News’ sadistic Tucker Carlson — who are sacrificing their own followers to advance a Trumpist, neo-fascist agenda). Yet state and local officials all across America are lifting commonsense restrictions and ending relief efforts as if the pandemic is all but over, despite the plain evidence staring us right in our faces. And it’s all even worse throughout much of the world. There is, to state the obvious, A LOT of work still to do. One thing we need to do — and fast — is put pressure on Moderna, Pfizer, and Johnson & Johnson to share their vaccine technology with the world. This will help save millions of lives around the globe and minimize the risk of even worse variants making their way to America. Tell the CEOs of Moderna, Pfizer, and Johnson & Johnson: Share your vaccine recipes and know-how with the world — to save millions of lives around the globe and to reduce the risk of even worse variants making their way to America. Add your name. Thanks for taking action. For progress,  Robert Weissman, President of Public Citizen