There has been a presidential transition since arriving in Juarez, Mexico, to seek asylum in the United States, but their lives remain the same.
“I have a lock on the door. I am threatened,” said one of the 30-year-old Cubans, who agreed to share his experience on the condition that CNN did not disclose his name. “You cannot imagine the state we are in. It is something so difficult.” Las Americas Immigrant Advocacy Center, a group that represents people in the so-called “Stay in Mexico” program, put CNN in contact with the migrant.
“These Trump policies are alive and well at the border … it’s frustrating,” said Linda Rivas, an immigration lawyer and director of Las Americas. “It’s really weighing on people, weighing on their souls. What we’ve seen our customers go through is the opposite of dignity.”
Under Trump, migrants from Central America and other parts of the world seeking asylum on the U.S.-Mexico border were forced to stay in Mexico until their immigration court hearings in the United States. This meant waiting months, if not years, in deplorable conditions and under threat of extortion, sexual assault and kidnapping. Migrants can be easily identified based on their accents or clothing and, as a result, become victims of gangs and corrupt officials, among others.
The Cuban couple – husband and wife – arrived at the border with the United States in July 2019, after fleeing political persecution in their country. The couple ended up being subject to politics and had to wait in Mexico until their case was brought to the United States immigration courts. Last February, the 27-year-old woman was beaten during her pregnancy and lost the baby, according to her husband.
Their lawyers tried to get the couple out of the program so they could wait for the trial date in the United States, given the circumstances, but the couple returned to Mexico every time, including after an attempt last Friday.
The lawyers also asked the authorities to allow a Honduran woman who was reportedly raped while in Mexico to enter the United States last week. After an hour-long interview with the US Citizenship and Immigration Services, the woman and her 11-year-old son were returned to Mexico, according to Rivas.
The agency declined to comment, telling CNN: “As a matter of practice, the USCIS does not comment on individual cases.”
In his first hours on the job, Biden took action to outline the so-called “Stay in Mexico” program, which will be in place for two years Friday, stopping the enrollment of new migrants. Since October, more than 3,200 migrants have been admitted to the program, formally known as the Protocol for the Protection of Migrants, according to data obtained by CNN.
The pandemic closed immigration courts and delayed prosecutions, resulting in migrants staying in Mexico for longer periods.
“It is very, very difficult for people who are desperate and in dire situations in Mexico,” said Taylor Levy, a California immigration lawyer who works with clients in Juarez. “These asylum seekers are extremely vulnerable in Mexico, more vulnerable than the average Mexican.”
‘Every day there is a new rumor’
Biden plans to announce executive actions that would establish a “fair but efficient asylum program” that includes the end of the “Stay in Mexico” program, said Esther Olavarria, deputy director of the Domestic Policy Council for immigration, last weekend. But it is not clear what happens to those who are already subject to politics, such as the Cuban couple.
Kate Clark, senior director of immigration services for the Jewish Family Service in San Diego, said her office has received about 50 calls a day from migrants trying to get guidance on what to do next.
“In general, we get repeated calls asking the same questions in different ways to understand what the process is like,” Clark told CNN, adding that some people called three to four times “in the hope that we can say something different.”
Part of the reason behind the flood of calls is the rumors and incorrect information circulating on social media. Some of these rumors directed migrants to ports of entry or advised them to open e-mail accounts to receive government information, according to lawyers.
“This creates unnecessary hysteria … Every day there is a new rumor. Disinformation runs rampant,” said Jodi Goodwin, an immigration lawyer who represents clients forced to stay in Mexico. “Once you make them understand that nothing is going to happen immediately, they understand.”
Children crossing the border alone
The dangerous conditions in which many families find themselves have resulted in children crossing the border on their own, despite initially arriving with a parent or other relative.
As of this month, more than 700 unaccompanied children waiting in Mexico with their families as part of the Trump administration’s policy have crossed the U.S.-Mexico border, according to the Refugee Resettlement Office, which is tasked with looking after children migrants.
Unaccompanied children are exempt from the policy, which means that children who cross the border will be taken into custody by the Department of Homeland Security and referred to the Department of Health and Human Services. While in care, case managers work to place a child with a sponsor in the United States, as a parent or relative.
While the Trump administration has come to rely increasingly on the “Stay in Mexico” program, the pandemic has also given way for authorities to pull another lever – invoking a public health law, known as Title 42, which allows for the rapid removal of migrants seized at the US-Mexico border. The order, which remains in force, made the application for asylum extremely difficult, if not impossible.
“The border is closed to families and single adults, including those seeking refuge from horrific persecution and violence,” said Lee Gelernt, a lawyer for the American Civil Liberties Union, which is challenging the public health order. “We don’t expect the Biden government to be able to sue everyone in the first week, but we need a very quick signal that it will open the border and get rid of Title 42.” The Biden administration has not yet said how it intends to proceed with Title 42.
The new government brought together people with vast experience in immigration laws and policies – a nod to the challenges facing authorities at the border as the government tries to turn the page.
During the transition, the entering authorities acknowledged that it would take time to install security protocols and resolve other logistical problems, such as processing, before opening the US-Mexico border back, according to a source involved in the discussions.
Alejandro Mayorkas, whose appointment to serve as head of the Department of Homeland Security will be voted on Monday after a Republican obstruction was broken on Thursday, serving the population of people waiting in Mexico is expected to be a priority.
“He clearly understands the impact of these policies on real people,” said a source close to Mayorkas. “This does not mean that it is not very, very difficult, but he knows that it is not something that can be ignored.”
Non-governmental organizations have also discussed how to readjust their resources to help asylum seekers who have been waiting, for example, using the domestic refugee resettlement network to provide case management and integration services.
“The government understands that it will have a messaging crisis for a number of reasons and wants to mitigate that and use existing systems,” said another source involved in the discussions.
But patience is running out for those who have been forced to wait years in Mexico.
“I don’t know if this president will comply with his policies, but at least we can have a better future,” the Cuban migrant told CNN. “We are very, very desperate. We have been here for a long time.”