The U.S. government will return the first group of migrants seeking asylum in the United States to the Mexican border city of Tijuana on Friday, U.S. and Mexican officials said, marking the start of a major policy shift by the Trump administration.
The policy, dubbed the Migrant Protection Protocols (MPP) and first announced on Dec. 20, will return migrants, including non-Mexicans, who cross the U.S. southern border back to wait in Mexico while their asylum requests are processed in U.S. immigration courts.
The program will apply to arriving migrants who ask for asylum at ports of entry or who are caught crossing illegally and say they are afraid to return home.
Children traveling on their own and some migrants from "vulnerable populations" could be excluded on a case-by-case basis, the Department of Homeland Security said in a fact sheet.
According to a Washington Post fact-check, President Trump’s recent statements about prioritizing the safety of migrant children by sending them back home has been misleading. His proposed “compromise” to end the partial government shutdown would have required minors to request asylum while remaining in their home countries. Experts claim that these changes would further endanger the lives of these minors and could violate international law.
Illegal crossings at the southern border have dropped dramatically since highs reached in previous decades, but in recent years more families and unaccompanied children from El Salvador, Honduras, and Guatemala are migrating to the United States and asylum applications have ballooned. Trump’s proposed changes would have specifically targeted these countries, barring asylum claims by minors from El Salvador, Honduras, and Guatemala who show up at the border.
Asylum seekers are typically granted the right to stay in the United States while their cases are decided by a U.S. immigration judge, but a backlog of more than 800,000 cases means the process can take years. That backlog has been exacerbated by the government shutdown, now in its second month.
Now, the U.S. government says migrants will be turned away with a "notice to appear" in immigration court. They will be able to enter the United States for their hearings but will have to live in Mexico in the interim. If they lose their cases, they will be deported to their home countries.
Mexico has said it will not accept anybody facing a credible threat in Mexican territory.
And immigration advocates fear Mexican territory is not safe for migrants, who are regularly kidnapped by criminal gangs and smugglers, and have raised concerns that applicants will not be able to access proper legal counsel to represent them in U.S. courts.
It is unclear how Mexico plans to house what could be thousands of asylum seekers for the lengthy duration of their immigration proceedings. Some Mexican border towns are more violent than the cities the Central Americans left behind.
The Trump administration says it is relying on a U.S. law that allows migrants attempting to enter the United States from a contiguous country to be removed to that country. But the policy will likely be challenged in court since claiming asylum is protected under both international and U.S. law.
Several of Trump's signature immigration policies, including some attempting to reduce asylum applications, have been halted by U.S. federal courts.
Trump argues that the asylum system is abused, calling a process by which many migrants are freed in the United States to await immigration trial "catch and release."
Trump is demanding $5.7 billion in funding for a wall along the Mexican border, triggering a U.S. partial government shutdown that stretched to its 35th day on Friday and has left 800,000 federal workers without pay.
On Thursday, two different Senate bills that would have re-opened the government failed. According to CNN, the White House began preparing a draft proclamation for President Donald Trump to declare a national emergency along the southern border and has identified more than $7 billion in potential funds for his signature border wall.
With increasing reports of airport delays due to air traffic controller shortages, it appears that President Trump might be forced to reopen the government sooner rather than later.
Reuters reporting contributed to this story.
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