US expands curfews for families seeking asylum to 13 cities

2023-08-05 02:02:33

SAN DIEGO (AP) — US federal authorities are sharply expanding the scope of curfews for heads of asylum-seeking families as they await initial screening following crossing the border with Mexico, an indication they are satisfied with the first results of what is intended to be an alternative to detentions.

Curfews began in May in four cities, expanding to a total of 13 on Friday, Immigration and Customs Enforcement (ICE) officials told activists. The most recent cities to make the list are Boston, Providence, Rhode Island; San Diego, San Francisco and San Jose, California. New Orleans and Houston joined on July 28.

The program is expected to reach 40 cities by the end of September, according to a federal official who is not authorized to discuss the matter publicly and spoke on condition of anonymity.

The intent is for the curfews, which run from 11 p.m. to 5 a.m., to remain in effect until the outcome of the reviews, known as “credible fear” interviews, are made by officials. of asylum, and of any appeal before an immigration judge. In general, those who pass the reviews are allowed to continue their asylum cases in court without a curfew, while those who do not pass are presumed to be deported.

ICE announced the curfews following asylum restrictions imposed to control the COVID-19 pandemic expired in May, part of a broader strategy that includes holding unaccompanied adults in Border Patrol custody until they are completed. the reviews. Authorities considered reinstating family detention but opted for curfews, which apply to heads of household and also require electronic anklets.

The expansion shows that ICE is pleased with the early results of what it calls the Family Expedited Removal Management (FERM) program in Baltimore, Chicago, Newark, New Jersey; and Washington. Denver and Minneapolis were added later.

“While FERM initially started in four locations, (Homeland Security) is rapidly expanding it to cities across the country, removing families determined to be ineligible for asylum and ordered to be removed by this execution process without detention,” the agency said in a statement.

Last week, ICE told activists that its goal was to have up to 500 families under curfew at any given time, said Cindy Woods, national policy attorney for Americans for Immigrant Justice, a nonprofit legal firm that works for justice for immigrants. At that time there were regarding 200 families in curfew.

The number of families enrolled is expected to increase significantly as the program grows, the federal official said.

Some migrant advocates believe the reviews are hasty. Americans for Immigrant Justice said that asylum seekers are generally checked within 12 days of crossing the border and only have a day or two to prepare an appeal. Those who fail to be approved are expected to be deported within a maximum period of 30 days following they arrived.

“Families need to rest,” Woods said in a conference call with other attorneys last week.

In any case, he pointed out, the curfews “are a step in the right direction if it is a step to avoid the possible detention of families.”

Jon Feere of the Center for Immigration Studies, a nonprofit group that advocates for immigration restrictions, said he is concerned regarding immigrants who choose not to report to authorities.

“Congress should require a count of all escapes, arrests, and removals so that this new program can be evaluated,” he wrote in an email.

Under a court order, the government can generally detain families for no more than 20 days. The administrations of Presidents Barack Obama and Donald Trump detained families, but President Joe Biden ended the practice shortly following he took office in 2021.

It is unclear how effective the curfews have been in ensuring that asylum seekers appear for review interviews. Americans for Immigrant Justice said the nearly 30 families it has counseled have perfect attendance records.

Yaniris, a 30-year-old Honduran woman who testified on the condition that her last name not be published for fear of her safety, said the curfew and the electronic anklet were much better than being detained, even though she is uncomfortable being seen. with the monitoring device.

“I know that laws are laws and you have to respect them,” he said.

Yaniris spent more than three months traveling with her 2-year-old daughter from Honduras to Eagle Pass, Texas, where she turned herself in to Border Patrol agents. She said that she had five or six days to prepare for the review interview, which took place following spending a sleepless night caring for her sick daughter, and that she did not approve.

“The problem was that I didn’t justify myself well,” he said regarding the review interview. “That day I wasn’t well controlled yet.”

Yaniris hurried to find a lawyer before appealing. One finally called him back as he was on his way to the appeal, and he had to hang up following 20 minutes. The judge accepted a two-day postponement.

The lawyer called him on Monday to tell him that he had won the appeal. He is now awaiting a court date in a system with backlogs of 1.2 million cases that often take years to resolve.

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