San Antonio Express-News

Abbott overstates concerns on migrants, COVID-19

- By Brandon Mulder

The claim: “The Biden administra­tion is recklessly releasing hundreds of illegal immigrants who have COVID into Texas communitie­s. The Biden admin. must IMMEDIATEL­Y end this callous act that exposes Texans & Americans to COVID.” — Texas Republican Gov. Greg Abbott.

Politifact rating: Mostly False. A spokespers­on said that the claim was based on news articles reporting that 108 migrants released by Border Patrol had tested positive in Brownsvill­e — well below “hundreds” at the time of Abbott’s tweet. That number has risen to 210 positive cases as of March 15, a 7 percent positive test rate that is slightly higher than the statewide rate of 5.9 percent.

Abbott also mischaract­erizes the status of the migrants being released by U.S. Customs and Border Protection by calling them “illegal immigrants.” They are asylum seekers holding notices to appear in court.

Discussion

One day after Abbott announced he would lift the statewide mask mandate and allow all businesses to open to 100 percent capacity, the governor turned his attention to the coronaviru­s spreading along the Texas-mexico border.

Abbott continued this line of attack in the subsequent days, first during a TV interview with KPRC-TV in Houston, then in an interview with CNBC, and again in another tweet in which he said the state denied the federal government’s request for help in screening, testing and quarantini­ng migrants.

“The unconscion­able act by the Biden administra­tion of releasing Covid-positive illegal immigrants in our state

puts the lives of Texans and Americans at risk,” he tweeted. “Border security is strictly a federal responsibi­lity.”

Abbott has urged the Biden administra­tion to increase U.S. Immigratio­n and Customs Enforcemen­t funding, which is responsibl­e for testing and detaining anyone crossing the border.

A negative coronaviru­s test is required by the federal government before entry to the U.S. While U.S. Customs and Border Protection conducts screenings, “suspected COVID-19 cases are referred to local health systems for appropriat­e testing, diagnosis, and treatment,” the agency said in a statement.

Felipe Romero, a spokespers­on for the city of Brownsvill­e, said that there are two categories of migrants who are being released to the city’s bus asylum seekers entering after the repeal of the Trump administra­tion’s Remain in Mexico policy, and those who have been apprehende­d at the border and allowed to remain in the country pending immigratio­n court hearings, a policy derogatori­ly described by critics as “catch and release.”

In February, the Biden administra­tion announced that it was dismantlin­g many of the immigratio­n policies put in place by former President Donald Trump. The first phase of reform began by processing the 25,000 asylum seekers who had been forced to remain in Mexico under Trump’s Migrant Protection Protocols.

On Feb. 19, federal authoritie­s began processing up to 300 people per day at three different border crossings — two in Texas, in Brownsvill­e and El Paso, and one in California, according to the Associated Press.

Because Abbott’s statement focuses on the release of “hundreds of illegal immigrants” in Texas, this fact-check focuses on the crossings in Brownsvill­e and El Paso. While the city of Brownsvill­e reported 108 positive cases among migrants released by Border Patrol, the city of El Paso said that zero positive cases have been identified through its rapid testing program. El Paso’s tests are being supplied by the city and administer­ed by nongovernm­ental organizati­ons, a city spokespers­on said.

The second major policy shift releasing migrants in Texas communitie­s is the reintroduc­tion of the Obama-era policy that allows asylum seekers to remain in the U.S. while awaiting court dates. That policy was suspended by the Trump administra­tion in 2018. The revived policy allows some families who are apprehende­d by Border Patrol to be released in the U.S. as they await their asylum proceeding­s. Howtermina­l: ever, not all apprehende­d migrants are awarded this privilege; many are expelled to their origin countries.

While asylum seekers formerly held under the remain in Mexico policy are processed in specific communitie­s, those who are released under the revived Obama-era policy could be released anywhere along the border. However, the number of tests administer­ed to people released under this policy is unknown and, according to Border Report, there are concerns that not all are being tested before they travel elsewhere in the U.S. to await court dates.

It’s unclear what actual numbers form the basis of Abbott’s claim that “hundreds of illegal immigrants” carrying COVID-19 are being released in Texas. A spokespers­on referred us to the 108 migrants in Brownsvill­e reported by NBC News and did not respond to questions asking how Abbott arrived at his estimation of “hundreds.”

Abbott’s statement mischaract­erizes the status of migrants who are being released into U.S. communitie­s by U.S. Customs and Border Protection.

“Illegal immigrants” are migrants who have entered the country without legal permission. All of the migrants being released by U.S. Customs and Border Protection, on the other hand, have applied for asylum and have a legal claim to remain in the U.S. while they await their asylum proceeding­s.

Using the two terms interchang­eably is inaccurate, said Andrea Meza, director of family detention services for Refugee and Immigrant Center for Education and Legal Services, or RAICES.

“These folks are asylum seekers, so criminaliz­ing them based on their manner of entry, which is not related to their legal ability to seek asylum, is misleading,” Meza said.

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