"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
“NOT SO FAST!” — CONFUSION AS USUAL IN THE AGE OF TRUMP: LA Times, HuffPost Report That Mexico Denies Reaching Immigration Pact With U.S.! – Incoming Oversight Chair Cummings (D-MD) Opposes Trump’s Border Policies – “That’s The Law!”
MEXICO CITY — Mexico’s incoming leadership is denying a published report that it had agreed to a Trump administration proposal requiring asylum seekers arriving at the southwest border to wait in Mexico as U.S. authorities consider their claims for safe haven.
The Washington Post reported Saturday that Washington had won the support of the government of Mexican President-elect Andres Manuel Lopez Obrador — who takes office on Dec. 1 — for a plan mandating that asylum seekers at the border remain in Mexico as their claims move through the U.S. immigration system.
The Trump administration has long sought such an accord with Mexico as a means of resolving what it has termed a “crisis” of an escalating number of Central American asylum applicants — and limited detention space in which to hold them on U.S. territory as their petitions are considered.
Critics on both sides of the border have long assailed the notion of Mexico serving as a way station or detention grounds for Central Americans and others applying for asylum in the United States.
The administration of Mexico’s current president, Enrique Peña Nieto, rejected a similar Trump administration proposal last year.
But the Post quoted Olga Sanchez Cordero, Mexico’s interior minister-designate, as saying Mexico’s new government had accepted the policy as a “short-term solution” to the issue of Central American migration — which has been dramatized in recent weeks as thousands of U.S.-bound Central Americans have made their way north through Mexico in caravans.
Later Saturday, however, she denied that Mexico had agreed to host people seeking U.S. asylum as their cases awaited judgment.
“There is no agreement of any sort between the future Mexican federal government and the U.S.,” the incoming interior minister said in a statement.
Moreover, she said Mexico’s new government had rejected any deal in which Mexico would be considered “a safe third country” for U.S. asylum applicants.
In a Twitter message on Saturday, President Trump reiterated threats to close the southern border — threats that have alarmed many in Mexico, since cross-border trade is a mainstay of the Mexican economy.
In his tweet, Trump also said migrants would not be allowed into the United States “until their claims are individually approved in court.”
Others, he said, would “stay in Mexico,” he added, without elaboration.
The Twitter message did not specify whether Washington had reached any kind of agreement with Mexico on the matter.
Only a small minority of Central American applicants are ultimately granted political asylum in the United States, but the decision-making progress can take months or years — during which time many are released and gain footholds in the United States.
Trump has vowed to end what he calls the “catch and release” system. “Our very strong policy is Catch and Detain,” he tweeted Saturday. “No ‘Releasing’ into the U.S.”
The White House has also pushed an alternative “safe third country” approach in talks with Mexican officials. Under such a plan, Central Americans seeking asylum would generally have to file for protection in Mexico, not in the United States.
The proposal is a variant of the Trump administration’s “remain in Mexico” plan, under which asylum seekers would wait in Mexico until their cases were adjudicated in the United States.
With a “safe third country” designation, the United States would consider Mexico a secure nation for receiving asylum applicants. In practice, that would bar most asylum seekers who entered Mexico from filing asylum claims in the United States. The United States already has such an understanding with Canada.
But immigrant advocates have long opposed such a designation for Mexico for a number of reasons — principal among them the country’s widespread and rising violence, which often targets Central American migrants. Mexico cannot be considered safe for asylum seekers, many argue.
Critics also say Mexico’s system for processing refugee requests is already overwhelmed and ill-prepared to handle a huge new influx.
In her statement, Mexico’s incoming interior secretary echoed the vows of leftist President-elect Lopez Obrador to protect the human rights of caravan travelers and other Central American migrants while providing them with food, healthcare and shelter. Lopez Obrador has also vowed to help Central Americans acquire work papers if they opt to remain in Mexico.
More than 6,000 caravan members, mostly Hondurans, have arrived this month in the Mexican border cities of Tijuana and Mexicali, posing a humanitarian, logistical and political challenge for the two cities on the border. The migrants say they are fleeing poverty and violence in their homelands.
Tijuana’s mayor declared a “humanitarian crisis” Friday as the border city sought additional federal and state aid to help house the migrants, most of whom are crowded into a sports complex a block from the U.S.-Mexico border fence.
Tijuana officials anticipate that as many as 10,000 Central American migrants could eventually converge on the city and be stuck there for months as they seek to file asylum claims in the United States, a time-consuming process. U.S. officials at the San Ysidro crossing generally accept no more than 100 asylum applications a day.
Special correspondent Sanchez reported from Mexico City and Times staff writer McDonnell from Washington.
“There is no agreement of any sort between the incoming Mexican government and the U.S. government,” future Interior Minister Olga Sanchez told Reuters on Saturday, contradicting Trump and an earlier Washington Post report that said a deal ― albeit an informal one ― had been struck between the two governments.
The Post had quoted Sanchez as saying the administration of Mexico’s President-elect Andrés Manuel López Obrador, who will take office on Dec. 1, had “for now” agreed to the so-called “Remain in Mexico” plan.
Sanchez was quoted by the paper as saying that Mexico would allow asylum seekers to stay in the country as a “short-term solution.”
Following the publication of the Post’s report, however, Sanchez back-pedaled on those remarks. She told Reuters that Obrador’s administration was “in talks” with the U.S., but stressed officials who weren’t yet in office couldn’t formally make any agreements.
ASSOCIATED PRESS
Seven-year-old Honduran migrant Genesis Belen Mejia Flores waves an American flag at two U.S. border control helicopters flying overhead near a shelter in Tijuana, Mexico.
Reuters reported that Sanchez “did not explicitly rule out” that Mexico could allow Central American caravan migrants ― thousands of whom have arrived in Tijuana, just south of California ― to wait in the country while their claims are processed in the U.S.
Sanchez did, however, say that plans for Mexico to assume “safe third country” status had been “ruled out.” Under a “safe third” agreement, the U.S. could force migrants to seek asylum in Mexico.
Trump said in a pair of Saturday evening tweets that migrants at the U.S.-Mexico border “will not be allowed into the United States until their claims are individually approved in court.”
“No ‘Releasing’ into the U.S. … All will stay in Mexico,” the president wrote.
His tweets were interpreted as possible confirmation of the posible deal between the U.S. and Obrador’s administration.
WASHINGTON — The incoming chairman of a key oversight committee in the House of Representatives said Sunday that any attempt by President Donald Trump to keep migrants from claiming asylum in the U.S. would be unlawful.
“That’s not the law,” Rep. Elijah Cummings, D-Md., said in an exclusive interview on “Meet the Press,” indicating that Congress will act if the president moves ahead with that policy. “They should be allowed to come in, seek asylum, that’s the law.”
President Donald Trump has said he’s reached a deal with the government of Mexico to keep migrants traveling in large caravans from Central America in Mexico until their court date to plead asylum. But a spokesman for incoming Mexican President Andrés Manuel López Obrador has said talk of such a deal is premature and U.S. officials told NBC News that the details are still being worked out.
Cummings said he supports the law as it stands. “I think we have a system that has worked for a long time. This president’s come in, wants to change it, that’s up to him. But now the Congress has got to stand up and hopefully they will,” Cummings said.
Family detention at the border and the separation of children from their parents after crossing the border was already on Cummings’ list of potential investigations as chair of the House Oversight and Government Reform Committee when Democrats take control of Congress in January.
Cummings has a list of 64 subpoenas it is ready to send to the Trump administration on a variety of issues ranging from immigration to voting rights act, drug prices and the opioid epidemic.
“I think the American people have said that they want checks and balances,” Cummings said. “And subpoenas, by the way, that may involve, say, private industries like the pharmaceutical companies” over “these skyrocketing drug prices.”
When asked about the priorities he is setting for areas of investigation, Cummings said he will focus on issues that “go to the very heart of our democracy and protecting that democracy.”
Cummings also said Sunday that his committee will “probably” look into Trump’s financial ties, especially to Saudi Arabia, and if it violates the emoluments clause, which is aimed at preventing a president from profiting on the office.
Cummings said he wanted to determine “whether the president is acting in his best interest or those of the American people,” adding, “I think this would be appropriate and there are other committees that will be looking at this too.”
Sen. Mike Lee, R-Utah, also criticized Trump over his support for Saudi Crown Prince Mohammed bin Salman despite reports that a CIA assessment concluded that the Saudi ruler ordered the murder of journalist Jamal Khashoggi. Lee said that Trump’s assessment is “inconsistent” with the intelligence he’s seen. “Intelligence I’ve seen suggests this was ordered by the crown prince,” he said.
Lee says that Khashoggi’s murder and Trump’s response provides “an opportunity” for Congress to weigh in to the U.S.-backed Saudi role in Yemen that has created a worsening humanitarian disaster.
“I think Congress has to take some ownership of U.S. foreign policy, especially as it relates to our intervention in this war,” Less said. “Our unconstitutional fighting of a civil war in Yemen that has never been declared by the U.S. Congress as a problem. And that’s on us.”
I agree with Congressman Cummings. Indeed, I’ve been saying for some time now that the law is well-designed to deal with the flow of asylum applicants to the Southern Border. This Administration has simply chosen not to make it work, in many ways. The result is a self-created crisis. I’m looking forward to some real oversight of the intentionally created immigration mess in the coming year, including holding some of those responsible for creating it accountable!
