The New Title 42

The New Title 42

info gathered by C.A. Matthews

Editor's note: From the "Just when you hoped things would get better for ordinary people" department comes news of what the Biden Administration wants to replace Trump's infamous "Title 42" deportation program with, and yes, it's fairly horrendous. 

In my day job as an immigration advocate, I have to explain what this new "Asylum/Transit Ban" is to a group of college students in a Powerpoint presentation. Here are my notes--along with a call for action. Everyone who reads this should send in a comment by the March 27th deadline and pass the link along. Lives are at stake.

 

The Biden Asylum/Transit Ban (“The New Title 42”)

What is/was Title 42?  

Title 42 is a public health and welfare statute enacted in 1944 which gives the Centers for Disease Control and Prevention the authority to determine whether a communicable disease in a foreign country poses a danger of spreading in the US. If the CDC finds that a disease does pose a threat, it can, with approval from the president, temporarily prohibit people or property from entering the country to avert danger. It was enacted at the beginning of the COVID-19 pandemic in March 2020. Title 42 is set to expire on May 11, 2023, when the Biden administration states it will declare the pandemic officially over within the United States.  

What’s the big controversy over Title 42? 

Title 42 has been used to prevent immigrants from entering the US and claiming asylum, even though all persons entering the country must show proof of COVID-19 vaccination. Throwing up policy roadblocks to prevent people from entering the country and claiming asylum goes against current US asylum law. There have been 2.5 million expulsions under Title 42. A pattern of discrimination against asylum seekers of certain nationalities, ethnicities, races, indigenous peoples, and LGBTQ+ persons has been noted. 

Expelled migrants from the US southern border have been sent to wait in the northern region of Mexico under the January 2019 MPP (Migrant Protection Protocols) or “Remain in Mexico”. Mexico will take only Department of Homeland Security expulsions of nationals of Mexico, Honduras, El Salvador, Guatemala, Nicaragua, Haiti, Cuba, and Venezuela. All others are either sent back to their country of origin or allowed to proceed through a “normal asylum procedure” in the US. 

(Editor's note: Notice that the more melanin in your skin, the more likely your right to claim asylum in the US will be thwarted. And where these folks are being told to wait in northern Mexico is far from safe and pleasant. Read the latest travel advisory from the US Department of State on how very dangerous that part of the world is. Many Mexican states are labeled by the US government as "Do not travel because of crime and kidnapping." This recent story about kidnapped and slain American medical tourists proves it. Photo above: US Customs and Border Patrol agent whipping a Haitian asylum seeker at the southern border last year.)

What is asylum? 

An asylum seeker meets the same legal standard as a refugee. An individual can claim asylum because of past persecution or fear of future persecution because of race, religion, nationality, political opinion, or membership in a particular social group. 

Congress passed the Refugee Act (1980) to bring the US into compliance with its international obligations under the United Nations 1951 Refugee Convention and its 1967 Protocol, which prohibits returning refugees to any country where their lives or freedom would be threatened. 

On a ruling on Title 42, the 9th U.S. Circuit Court of Appeals pointed out that the Refugee Act is very specific about the circumstances under which the government can deny asylum for failure to apply in a transit country. Under the act’s “safe third country” provision this scenario can happen only if the transit country is safe and has both a robust asylum system and a formal treaty with the United States agreeing to safe third-country status. 

Asylum seekers are supposed to be given a “credible fear interview” by a DHS officer at their port of entry to determine if their asylum claim has validity. If the officer says the claim of asylum is valid, the person can remain in the US while they await their court appearance to present their case before an immigration judge. The Biden administration’s proposed rule will narrow this procedure down to a “reasonable fear interview,” which has a much higher denial rate. If the officer denies the asylum claim, the migrant will be deported. They can appeal this denial, but most do not understand the appeal process and have no access to legal assistance. 

The importance of winning an asylum claim is that it is often the only path most immigrants can take to obtain a Legal Permanent Resident (LPR or “Green Card”) status and eventually become a US citizen. Temporary Protective Status (TPS) or similar statuses are not permanent and do not lead to LPR status or citizenship. 

What is the new “Biden Asylum/Transit Ban” going to do that’s different from Title 42? 

The Biden Administration on February 21, 2023, announced a crackdown on those seeking asylum in the US. The proposed rule would see the rapid deportation of anyone who has not first applied for asylum en route to the US southern border through the use of a smartphone app called “CBP One.” CBP One has been plagued with significant technical problems, preventing many from making “asylum appointments” (two weeks or more out) and has raised serious equity and privacy concerns. The app takes a very long time to fill out and has been known to crash, and the main text is currently available only in Spanish and Haitian Creole, with English only error messages. It cannot be accessed from a computer, and the user must first use an all-English web site, “Log-In.gov,” to set up an account and have their identity verified before accessing and applying for a an asylum appointment via CBP One. 

This proposed rule has been condemned by immigration rights groups, which claim it runs counter to the “humane immigration system” that Biden promised while campaigning for the White House. Some have called it a “hybrid of the Trump transit bans.” It clearly discriminates against those asylum seekers who are too poor to own a smartphone, have no stable internet accessibility, lack computer device skills, or are illiterate. 

The Trump Administration proposed prohibiting asylum for migrants who didn’t first apply for asylum (and been denied) in a country of transit before reaching the US southern border and entering through a port of entry. The court struck down this policy for violating the 1980 Refugee Act, which guarantees the right of all migrants who reach the US to apply for asylum. The Refugee Act expressly permits asylum seekers to access protection anywhere along the border—not just ports of entry—and it does not require appointments to be made in advance on a smartphone only app to request asylum. 

 What problems could this “New Title 42” (Biden Asylum/Transit Ban) cause? 

The proposed Biden Asylum/Transit Ban would create a new asylum restriction for adults and families who present themselves unannounced to US border officials at the southern border. If they have traveled through another country or countries on their way to the US, they would have to provide proof that they applied for asylum in one of the transit countries and been denied first. (One lawyer on a webinar noted that a denial of an asylum application in another country could be used against the person applying for asylum in the US, possibly in violation of the Fifth Amendment.) The Biden administration insists that every asylum seeker has the power to avoid the ban by sticking to what it calls “lawful pathways,” implying that it’s unlawful to seek asylum if you enter the United States between ports of entry (enter without inspection), which goes against the Refugee Act. 

The rule also creates a whole new convoluted procedure to determine whether and how the ban applies. For instance, if you fly into the US, this proposed rule will not apply to you. If you come across the border from Canada, this rule does not apply. Those who have received an advanced parole (and have a US sponsor) or come into the US under a work, student, or tourist visa will not be subject to this rule. The rule only applies to persons who have physically crossed into the United States at the southern border.

The biggest problems arise from the so-called “lawful pathways” that don’t really exist for many people. The process migrants could be shunted into instead is tantamount to a near-complete asylum ban when one considers how the process is intended to work and how it interacts with systems on the ground. And the rule doesn’t even attempt to explain these discrepancies! 

To get a feel for the absurdity of the proposed regulation, read How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps. https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

What can we do to express our concerns about this proposed asylum/transit ban rule?   

Go to https://immigrationjustice.quorum.us/campaign/44910/ or https://noasylumban.us     

Individuals can make a comment to the USCIS (US Citizenship and Immigration Service) about the proposed regulation. Only 30 days were given for public comments to be made (as compared to the usual 60 day comment period). The comment deadline is March 27, so write your comment soon and share the link with others. 

Learn more about the Biden Asylum/Transit Ban at 

https://humanrightsfirst.org/wp-content/uploads/2023/02/Biden_asylum_ban_factsheet_Feb2023_1.pdf

Last but not least editor's note: If you like to know more about what it's like to be an asylum seeker trying to navigate the complex US immigration system, watch the documentary Seeking Asylum. The filmmakers met a mother and her children fleeing a violent situation and trying to reunite with her husband who was working in the United States. More on how you can view it at its web site https://www.seekingasylumfilm.com/

Quote of the Week: 

 “We have spent the past decade pouring money into the border-security apparatus in an effort to deter asylum seekers. It hasn’t worked because we’ve spent all of that money on border security and we’ve spent almost none on actually building a functional and working humanitarian-protection system on the back end.  

And now we’ve got a two-million-case backlog, more than six hundred thousand asylum applications with U.S. Citizenship and Immigration Services, and three million people on ICE’s non-detained docket. This is not something that you’re going to be able to fix overnight. About the only thing the Biden Administration and Congress could do right now is just declare immigration bankruptcy and start all over again, and have amnesty, but there isn’t the political will for that right now, unfortunately.”

– Aaron Reichlin-Melnick, Policy Director at the American Immigration Council

Related Articles:

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers https://immigrationimpact.com/2023/02/28/cbp-one-app-flaws-asylum-seekers/ 

 

Critics Decry New Biden Rule as "Trump's Asylum Ban Under a Different Name  https://truthout.org/articles/critics-decry-new-biden-rule-as-trumps-asylum-ban-under-a-different-name/

  

How to Seek Asylum In the United States (Under the Biden Administration’s Proposed Asylum Transit Ban), In 12 Not-At-All-Easy Steps  https://immigrationimpact.com/2023/02/22/steps-to-seek-asylum-biden-transit-ban 

 

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse https://immigrationimpact.com/2023/02/27/labor-exploitation-migrant-children-biden-asylum-policy/ 

 

White House Struggles to Explain the Fate of Title 42 https://www.politico.com/news/2023/02/06/public-health-emerdency-title-42-00081390

From Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System https://immigrationimpact.com/2023/02/08/awaiting-court-dates-notice-to-appear

 

A Pennsylvania Hospital is Attempting to Deport an Undocumented Woman in a Coma https://truthout.org/articles/a-pennsylvania-hospital-is-attempting-to-deport-an-undocumented-woman-in-a-coma/

Other interesting articles I've read this week about the Ohio train derailments (there's now two of them!) and the quest for peace in the world:

Norfolk Southern Cargo Train Derailed Near Springfield (Ohio) https://www.dispatch.com/story/news/2023/03/04/cargo-train-derails-springfield-clark-county-ohio/69972311007/

East Palestine, Ohio And The Oligarchy https://popularresistance.org/east-palestine-ohio-and-the-oligarchy/

Angry residents confront EPA and railroad officials at East Palestine, Ohio town hall https://www.wsws.org/en/articles/2023/03/04/rail-m04.html

Norfolk Southern Used Sick Leave as a Bargaining Chip to Erode Safety, Union Says https://truthout.org/articles/norfolk-southern-used-sick-leave-as-bargaining-chip-to-erode-safety-union-says/

"Too Many Holes": Rail Workers Say Buttigieg Plan of Action is Not Enough https://popularresistance.org/too-many-holes-rail-workers-say-buttigieg-plan-of-action-is-not-enough/

East Palestine Residents Confront Norfolk Southern at Town Hall Meeting https://truthout.org/articles/east-palestine-residents-confront-norfolk-southern-at-town-hall-meeting/

Rail Workers Demand Immediate Action from Lawmakers to Rein in Rail Industry https://truthout.org/articles/rail-workers-demand-immediate-action-from-lawmakers-to-rein-in-rail-industry/

Exposure to Chevron's Climate Friendly Fuel May Pose Severe Risk of Cancer https://truthout.org/articles/exposure-to-chevrons-climate-friendly-fuel-may-pose-severe-risk-of-cancer/ 

The House's "Horrors of Socialism" Resolution Spurred by the Capitalist Class's Greatest Fear https://indypendent.org/2023/02/the-houses-horrors-of-socialism-resolution-spurred-by-the-capitalist-classs-greatest-fear/

China's Peace Plan for Ukraine https://scheerpost.com/2023/03/03/chinas-peace-plan-for-ukraine/

Major US Outlets Found Hersh's Nord Stream Scoop Too Hot to Handle https://scheerpost.com/2023/03/04/major-us-outlets-found-hershs-nord-stream-scoop-too-hot-to-handle/

Abnormal for West to Dodge Nord Stream Explosive Revelations https://enapp.globaltimes.cn/article/1286480

 

Human Trafficking Isn't Funny

photo: Dominic Chavez/Getty

Human Trafficking Isn't Funny

 An open letter by Redd Phlagg

 

Dear Governor DeSantis:

You don’t know me, and you probably don’t listen much to anyone who doesn’t live in Florida and wouldn't be willing to vote for you (I wouldn’t), but I thought you should know a few important facts. Your recent stunt flying approximately fifty immigrants to Martha’s Vineyard (from the state of Texas, no less) under false pretenses makes me think you don’t understand some very basic legal concepts, especially in regards to immigrants.

Human trafficking isn’t funny. In fact, it’s against the law. It’s what you did to those poor people. Don’t believe me? The US Citizenship and Immigration Service (USCIS) defines human trafficking as follows:

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers may lure individuals with false promises of employment and a better life.

Noncitizen victims of human trafficking and qualifying criminal activity may not have immigration status in the United States and may therefore be fearful of working with law enforcement. Traffickers and abusers often use a lack of immigration status to exploit and control victims. In addition, language and cultural barriers may make it difficult for victims to reach out for help after experiencing victimization.

These immigrants aren’t “illegals” or undocumented persons as you seem to claim. They aren’t refugees, so they wouldn’t receive the benefits you claimed they would in a misleading brochure you had your flunkies give them. They are asylum seekers. The difference between a refugee and an asylum seeker is a very important legal distinction. According to the USCIS web site:

Refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm. For a legal definition of refugee, see section 101(a)(42) of the Immigration and Nationality Act (INA).

You may seek a referral for refugee status only from outside of the United States.

Asylum status is a form of protection available to people who:

• Meet the definition of refugee

• Are already in the United States

• Are seeking admission at a port of entry

You may apply for asylum in the United States regardless of your country of origin or your current immigration status.

These folks were primarily from Venezuela and all had applied for asylum. They were awaiting their court dates in San Antonio, Texas to present their cases. By luring them away with a fake brochure full of false promises of jobs and a better life in “Massachusetts” (without event attempting to help them understand how the US immigration system operates), you committed human trafficking, a form of modern-day slavery.

You've always wanted to be a slave seller, didn’t you, Governor? I can tell.

You exploited and controlled these innocent victims by taking advantage of the fact that they could not speak or read English. You instructed your minions to give them fake brochures detailing “benefits” these newcomers would receive if they got on the plane. You then employed Homeland Security flunkies to fill out USCIS paperwork on their behalf with fake addresses in faraway places such as a homeless shelter in Tacoma, Washington. Not knowing they were being tricked to report to a different court, they wouldn’t be able to make their court dates to present their asylum cases in time, thus forcing the immigration judges’ hands to have them jailed and then removed/deported.

What a funny prank! Putting innocent people in jail—people of color, no less—who didn't have a clue they were being duped because they didn't speak English. Yeah, you're a real racist, class act, Guv.

Lying to innocent people who journeyed far from their homes because of persecution and poverty doesn’t keep you awake at nights? I know you’re going to throw your helpers under the bus to keep yourself out of jail and then say it was all their idea, but really… Filling out government forms with the intent to deceive both the immigrants and the federal government? You do understand that USCIS has and does reserve the right to prosecute any and all persons who fill out immigration forms with the intent to commit fraud, right? (Here’s one example: https://www.uscis.gov/archive/uscis-plays-critical-role-in-investigation-leading-to-the-arrest-of-new-york-immigration-attorney)

At least one policing agency is taking this fraud and deception seriously.

The sheriff of Texas’s Bexar County, which contains San Antonio, announced a criminal investigation into the matter on Tuesday, saying in a statement that the migrants had been “‘lured’ under false pretenses” from a resource center in Bexar County before being flown to Florida and then Martha’s Vineyard, “where they were ultimately left to fend for themselves.”

--Ken Klippenstein, RonDeSantis Charted Planes from GOP-Allied Donor...

Did you really think everyone would just laugh and say, “What a great political stunt!” and let bygones be bygones? And spending $12 million dollars from Florida’s COVID-19 relief funding to traffic immigrants? Do you think red-hatted MAGA Floridians are going to be happy to see such a huge wad of cash being used to fly immigrants from Texas? Did everyone fly first class or did you just pocket the spare change?

I think it was fortunate that, in the end, the people of Martha’s Vineyard came through and did their best to take care of these lost souls’ needs. Did you get a chuckle out of not even giving the folks up north a warning that they were about to receive guests? I suppose you did laugh. Does the word “sadist” ring a bell with you?

Fortunately, legal aid has come to the assistance of these coerced immigrants.

Three of those migrants are suing DeSantis and other officials, claiming that the stunt caused “economic, emotional, and constitutional harms” to them and their families, including their children.

“These immigrants, who are pursuing the proper channels for lawful immigration status in the United States, experienced cruelty akin to what they fled in their home country,” the lawsuit states.

The actions by the Florida governor and others were a “premeditated, fraudulent, and illegal scheme centered on exploiting” the migrants’ vulnerabilities to advance the “personal, financial and political interests” of DeSantis and his allies, the suit alleges.

DeSantis and the other defendants named in the lawsuit “manipulated [migrants], stripped them of their dignity, deprived them of their liberty, bodily autonomy, due process, and equal protection under law, and impermissibly interfered with the Federal Government’s exclusive control over immigration in furtherance of an unlawful goal and a personal political agenda,” the suit adds.

The lawsuit states that the migrants’ Fourth Amendment protections against unreasonable searches and their 14th Amendment due process rights were violated.

–- Chris Walker, Migrants Tricked Onto Martha’s Vineyard Flight Sue DeSantis and Other Officials

Wow. Civil right charges on top of human trafficking and fraud allegations. Y’all have hit the jackpot, Governor!

I’ve said about all I can say to you that’s printable on an open internet forum, so I’ll sign off. It’s arrogant, entitled elitists like you that really make me despise living in this country. It takes so little to be kind to your fellow man—especially those who have suffered greatly in their travels to find a safe place to call home—but scum of the earth like you can’t even see how you’ve gravely wronged these innocents and blackened both your state’s and our nation’s reputations. I sure hope you’re happy.

May you be arrested, tried, and found guilty and imprisoned for your crimes against humanity.

 

Sincerely,

Redd Phlagg

 

P.S. I hope they find you a very large bunk mate in prison who finds your racist, elitist sense of humor just as disgusting as I do.

 

[Editor’s note: Feel free to send this letter or a similar one to Gov. Ron DeSantis, voicing your objections to these immigrants' ill-treatment. He’d probably love his mail box/email box overflowing with letters just about now.  Here's his contact info: https://www.flgov.com/contact-governor/]

More resources to help victims of human trafficking available at:

https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/resources-for-victims-of-human-trafficking-and-other-crimes

Related Articles:

Asylum, Migration and US Foreign Policy https://popularresistance.org/asylum-migration-and-us-foreign-policy/

Immigration experts say the stunt more closely resembles a 'different shade of family separation' https://www.businessinsider.com/immigration-experts-desantis-migrant-relocation-similar-to-family-separation-2022-9

Migrants Tricked Into Martha's Vineyard Flight Sue DeSantis and Other Officials  https://truthout.org/articles/migrants-tricked-into-marthas-vineyard-flight-sue-desantis-and-other-officials/

DeSantis Defends Phony Brochure. Sheriff Launches Criminal Investigation https://popularresistance.org/update-desantis-defends-phony-brochure-sheriff-launches-criminal-investigation/

Ron DeSantis Chartered Planes from GOP Allied Donor to Fly Migrants to Martha's Vineyard  https://www.rsn.org/001/ron-desantis-chartered-planes-from-gopallied-donor-to-fly-migrants-to-marthas-vineyard.html

DOJ to Investigate DeSantis for Cruel Migrant Flights https://truthout.org/articles/house-democrats-call-on-doj-to-investigate-desantis-for-cruel-migrant-flights/

Biden's Peace for Afghanistan is a Humanitarian Disaster
https://scheerpost.com/2022/09/23/andres-auraz-bidens-peace-for-afghanistan-is-a-humanitarian-disaster/

Number of Ultra-Rich Hits All Time High as Someone Dies from Hunger Every 4 Seconds https://scheerpost.com/2022/09/21/number-of-ultrarich-hits-all-time-high-as-someone-dies-from-hunger-every-4-seconds/

Censorship from Book Burning to Racist Babies
https://scheerpost.com/2022/09/21/censorship-from-book-burning-to-racist-babies/

Seen on Twitter:

Stop and watch this video.

Whatever you thought about the governors' stunt... it turns out it was worse.pic.twitter.com/GASpsChOzl

— John Scott-Railton (@jsrailton) September 16, 2022

!!! a fake brochure promising eight months cash assistance, food, job training/placement, help with housing + more was given to migrants who were lured by @GovRonDeSantis into boarding a flight to martha’s vineyard. @JuddLegum obtained a copy: https://t.co/nSIwWOE6Zh pic.twitter.com/RLtqoeLPC8

— Marisa Kabas (@MarisaKabas) September 19, 2022

 ***

A Texas Sheriff has just opened a criminal investigation into Florida Governor Ron DeSantis's intentional deception of children, families, and migrants for an entirely self-interested political stunt.

The truth is these families had just reached safety when they were treated as political props and lied to: told they would be taken to Boston where they could get work papers and housing, and instead flown to Martha's Vineyard.

Now, evidence is mounting that DeSantis might have broken multiple laws in his blind pursuit of political power – and we need him to be held accountable by the highest law officers in the land.

Add your name to call on the Department of Justice to investigate Florida Governor Ron DeSantis for tricking migrants into flying to Martha's Vineyard.

ADD YOUR NAME

The callousness to think it's acceptable to lie to people who've already endured heartbreaking journeys to flee disaster, and then leave them in an intentionally chaotic and confusing situation is mind-blowing.

But DeSantis is joining Governors Abbott and Ducey in a concerted campaign to create and maintain the idea that immigration is in 'crisis' for their own political benefit. Evidently, DeSantis even got the idea for his Martha's Vineyard airlift from a July 26 Tucker Carlson monologue.

It's a tactic taken straight from the MAGA playbook, and it might have been illegal.

Experts say DeSantis may have engaged in human trafficking – exploiting these families' immigration statuses to lure them onto planes with the promise of jobs – and that he might have abused the Florida law authorizing the funds, because none of the migrants were even in Florida when they got on the plane.

The Department of Justice has the power and authority to hold DeSantis accountable – Add your name to call on them to investigate Florida Governor Ron DeSantis for tricking migrants into flying to Martha's Vineyard.

While we press as hard as we can to stop DeSantis's cruelty, it's important to remember that politically these stunts are backfiring.

Instead of dividing us, in every location migrants have been sent to, caring communities are springing up to welcome families with food, shelter, and support.

And while we condemn the cruelty, we're also celebrating the incredible spirit and humanity of these volunteers, who are showing with every action the kind of American we can be.

Thanks for all you do,
Erin Mazursky | Interim Director
Families Belong Together