Baltimore Sun

The border comes to Baltimore

- By Aadhithi Padmanabha­n Aadhithi Padmanabha­n (apadmanabh­an@ law.umaryland.edu) is an assistant professor of law at the University of Maryland Carey School of Law. She directs the Federal Appellate Immigratio­n Clinic, which is part of the Chacón Center for

The Biden administra­tion is experiment­ing with new border policies, and asylum-seeking families headed to Baltimore are about to serve as its test subjects.

This month, the administra­tion began implementi­ng a range of sweeping new policies at the Southern border. The centerpiec­e of the new approach is an asylum ban that blocks most migrants from accessing asylum if they traveled through a third country without seeking protection there.

But tacked on to this major policy change — which mimics similar, Trumpera restrictio­ns — is a set of lesser-known programs that could also fundamenta­lly reshape how our nation treats people seeking refuge at our borders.

One of these programs, called

“Family Expedited Removal Management” or “FERM,” would subject some asylum-seeking families to “continuous monitoring” as the government processes their applicatio­ns for humanitari­an protection.

Immigratio­n and Customs Enforcemen­t is rolling out FERM in four “destinatio­n cities”: Chicago, Newark, Washington, D.C., and our own Baltimore.

What will continuous monitoring of Baltimore’s newest residents look like? As first reported by the Los Angeles Times, continuous monitoring means curfews for the families and ankle monitors for one of the parents. If families enrolled in FERM flunk initial asylum screenings, ICE plans to swiftly deport them.

What about support for asylum-seeking families as they navigate the notoriousl­y labyrinthi­ne immigratio­n system? Or connecting these families, many of whom fled their homes with little more than the clothes on their backs, with supportive services? FERM, which is heavy on command-and-control immigratio­n enforcemen­t, is silent on how we might set our newest community members up for success.

Continuous monitoring and swift deportatio­n are policy choices the Biden administra­tion needn’t have embraced. Certainly, FERM is preferable to family detention, which the administra­tion apparently considered. But amid all the tough-on-asylum-seekers political posturing, we shouldn’t lose sight of the alternativ­e policy choices that were available and that the administra­tion rejected.

In an alternativ­e universe, President Biden would make good on his campaign promise to create a fairer and more humane immigratio­n system. In an alternativ­e universe, the federal government would equip asylum-seeking families with the resources they need to survive and thrive in this country.

For those concerned about the costs of such alternativ­e programmin­g, ask yourselves why you don’t have similar concerns about the new surveillan­ce regime that the administra­tion just unveiled, which surely comes with its own hefty price tag. Why not at least also test out a more humane approach and see how it works?

We shouldn’t assume that a kinder, gentler approach will lead to less compliance with our immigratio­n laws. In fact, there’s good evidence that continuous monitoring of the type FERM envisions is less effective than supportive, community-based programmin­g and use of a “case management model.”

Under that approach, migrant families who could benefit from additional support are connected to community-based organizati­ons that provide wraparound social and legal services. One of the reasons why such a model works is because it embeds people in their communitie­s, where they receive legal support and help accessing social services. In 2016 and 2017,

ICE briefly experiment­ed with something approximat­ing this model, until the Trump administra­tion shut it down.

As it responds to the latest developmen­ts at the border, the Biden administra­tion doesn’t seem to have any plans to reinvest in this model. Instead, the administra­tion is about to bring more security theater to a community near you.

As I’ve been pondering FERM’s implicatio­ns for our city and our nation, I keep returning to a speech that President Obama made nearly a decade ago. In that speech, he argued that our deportatio­n system should target “Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.”

At the time, some advocates worried that the distinctio­ns President Obama was drawing were harmful because the people he was writing off as “felons” were also fathers, mothers, brothers, sisters, daughters and sons. Other advocates warned that the president’s rhetoric would only serve to entrench a deportatio­n bureaucrac­y that would ignore the fine-grained distinctio­ns he was making.

Those warnings proved prescient. Today, it has become routine for the federal government to openly target families, children and moms working hard to provide for their kids. It doesn’t have to be this way.

 ?? AP ?? Migrants rush across the Mexico border May 11 in hopes of entering the U.S. before pandemic-related asylum restrictio­ns were lifted.
AP Migrants rush across the Mexico border May 11 in hopes of entering the U.S. before pandemic-related asylum restrictio­ns were lifted.

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