Asylum hearings suspended until June over virus
SAN DIEGO — The Trump administration has suspended immigration court hearings for asylumseekers waiting in Mexico through June 1, bowing to public health concerns while extending a state of limbo those locked down in Mexican migrant shelters.
With an order suspending hearings through Friday set to expire, the Homeland Security and Justice departments said asylumseekers with hearings through June 1 should appear at a border crossing when instructed to get new dates. They said in a joint statement that authorities will review conditions related to the coronavirus and proceed “as expeditiously as possible,” raising the prospect of additional delays.
While it is difficult to know precisely, the Justice Department estimated in late February that there were 25,000 people waiting in Mexico for hearings in the U.S.
More than 60,000 asylumseekers have been denied entry since January 2019, when the U.S. introduced its “Migrant Protection Protocols” policy, known informally as “Remain in Mexico.” It became a key pillar of the administration’s response to an unprecedented surge of asylumseeking families at the border, drawing criticism for having people wait in highly dangerous Mexican cities.
Barely 1% of the nearly 45,000 “Return to Mexico” cases decided through March won asylum, according to Syracuse University’s Transactional Records Access Clearinghouse. Nearly all people represent themselves, with barely 6% having attorneys.
The future of “Remain in Mexico” has become less certain after the administration temporarily suspended immigration laws using a 1944 publichealth law, whisking Mexicans and Central Americans to the nearest border to be returned to Mexico without a chance to seek asylum. Nearly 10,000 people were expelled in less than three weeks after the emergency move took effect March 21.
Jewish Family Service of San Diego continues to get 15 to 20 requests a week on its hotline from asylumseekers subject to “Remain in Mexico” who want legal representation, said attorney Luis Gonzalez.
“Right now it’s a little challenging to say, ‘Yes, I can represent you,’ when we don’t know when their next hearing will be,” Gonzalez said. “We really can’t commit to a case.”
The Justice Department, which oversees immigration courts, has also suspended hearings for people who are released in the United States through May 15 in response to COVID19, exacerbating a backlog of about 1.1 million cases. Hearings continue for people held in detention centers despite calls for a total shutdown from unions representing immigration judges and Homeland Security Department attorneys as well as immigration lawyers.