Time is Running Our for Central American Migrants Seeking Asylum

LULAC
LULAC
Aug 9, 2017 · 4 min read

By: Farhid Cervera, LULAC National Policy Impact Intern

The Northern Triangle countries face extremely high rates of violence due in large part to the proliferation of criminal gangs like MS-13 and Barrio 18. Map Credit: InsightCrime

The Northern Triangle–a region in Central America composed of El Salvador, Guatemala, and Honduras–is regarded as one of the most violent regions in the world. Over the past few years, violent crime rates have skyrocketed, and the homicide rates are some of the highest in the world. Gang violence perpetrated by the notorious MS-13 and Barrio 18 gangs are the primary drivers of these increasing crime rates, and have forced countless families and individuals to make the hard trip to the United States as a last-ditch effort save their lives.

In the summer of 2014, there was a surge of undocumented Central American migrants coming to the U.S-Mexico border seeking asylum and safety from this violence. Women and unaccompanied children making the long and dangerous journey to the United States arrived in record-setting numbers that overwhelmed customs and border patrol agents at the border. The unprecedented levels of migration prompted then-president Barack Obama to regard the situation as an “ urgent humanitarian situation.”

To combat the number of Central American migrants turning themselves in at the U.S.-Mexico border, the Obama administration and the Department of Homeland Security developed an “aggressive deterrence strategy.” Domestically, the Department of Homeland Security increased the detention of women and children awaiting their asylum cases instead of releasing them on bond to community organizations and families. The administration coupled its domestic policies with an aggressive international media campaign aimed at deterring Central American migrants from coming to the United States. The campaign emphasized the risks involved in migrating to the United States and the consequences of illegal immigration to those seeking entry without a just asylum concern.

LULAC members like Julie Contreras of Waukegan, Illinois came to Washington to help raise awareness on the issues that Central American minors face if returned to their countries of origin.

Migration of unaccompanied minors from Central America continues to increase, with 2016 levels reaching higher numbers than the 2014 levels. However, migrants may be facing much more under the new Trump administration, that has made it clear that immigration-whether it be documented, undocumented, or humanitarian — will be a top priority. In his first week in office, the President signed an executive order to suspend the global refugee program, which included special programs under the Obama administration to process Central American refugees in their country of origin and Costa Rica. With immigration enforcement ramping up across the country and open hostility from a Department of Justice, uncertainty reigns when wondering about the fate of the the numerous Central American migrants with pending asylum cases.

This uncertainty is unfolding in their immigration cases across the country, where it seems that current uptick in immigration enforcement is keeping many Central American asylum seekers from appearing in court based on fears of immediate deportation. According to a recent article from the Washington Post, 70 percent of the 32,500 Central American surge-related asylum cases in immigration courts over the past three years ended with deportation orders in absentia. This means that those seeking asylum simply didn’t show up for their proceedings and were issued removal orders based on their absence. The rate of deportation in absentia is extremely high in cases concerning Central American cases, especially when compared to all other cases, in which only 25 percent result in removals in absentia. Of the cases involving families that actually showed up, only 11 percent were approved for asylum. In general, U.S asylum approvals have been declining since 2012, from 56 percent down to 43 percent in 2016, but despite the decline in approved-asylum cases, U.S. asylum requests have risen tremendously.

Representative Brad Schneider (D-WI) accepted a letter from Raul Ortiz, a young refugee from Honduras brought to Washington, D.C. by LULAC Council #5273 and spoke on the struggles of Central American refugees on the floor of the U.S. House of Representatives.

Central American migrants find themselves in a uniquely complex legal situation because under the current definition of asylum, many don’t fit the narrow definition under the law. Asylum can be granted on the grounds of fearing persecution based on race, religion, nationality, or politics; and fleeing gang violence doesn’t easily fit into any of these categories. Lawyers that take up these cases are often tasked with a difficult case. They may face many stricter, more conservative judges who will simply throw out the case or they may have to look for key points in the migrant’s story that can fit a more malleable definition. Most migrants can’t even get legal representation, which significantly complications their plight.

It has become clear that migration from Central America will not subside, and should be considered a top priority considering the urgency of the situation. As it is, the United States’ current immigration system is not capable of handling large cohorts of migrants seeking asylum, and more must be done to ensure that those migrants who have a legitimate case for asylum are not sent back to the deaths because of rampant xenophobia that is plaguing our country. As it always has, the United States should pave the way in opening its borders to anyone fleeing persecution in search of a better life.

LULAC

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LULAC

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