MORE ON THAT STORY. ALSO COMING UP NEXT AT 5. >> IMMIGRATION IS ONE OF THE
BIGGEST HOT-BUTTON ISSUES IN
OUR CURRENT POLITICAL MOMENT.
AND IT’S OFTEN NAMED AMONG THE
ISSUES THAT VOTERS CARE MOST
ABOUT. IT DOES HAVE A REAL
EFFECT ON REAL PEOPLE IN THE
PAST FEW YEARS, WE’VE SEEN
SEVERAL INSTANCES WHERE A SURGE
IN BORDER APPREHENSIONS SPARKS
NEW DEBATE ABOUT WHO SHOULD BE
ALLOWED INTO THE UNITED STATES
AND HOW TO REFORM OUR
IMMIGRATION SYSTEM. AT THIS
POINT.
>> THERE HAVE NEVER BEEN MORE
IMMIGRATION CASE IS PENDING.
BUT THIS TOPIC IS A COMPLICATED
ONE. AND IN THE EYES OF
IMMIGRATION LAWS, NOT EVERYONE
WHO TRIES TO ENTER THE U.S. IS
THE SAME AND THE PANDEMIC HAS
FURTHER COMPLICATED THINGS FOR
THOSE SEEKING SAFETY IN OUR
COUNTRY. THEY WERE CROSSING IN
PLAIN VIEW, JUST TRYING TO GET
HERE SO THEY COULD MAKE AN
ASYLUM CLAIM BASED ON OUR LAWS
AND INTERNATIONAL LAWS AND
NORMS. PEOPLE HAVE A RIGHT TO
SEEK ASYLUM.
>> IN THIS EPISODE OF KSAT
EXPLAINS, WE’RE BREAKING DOWN
THE DIFFERENCE BETWEEN HOW THE
U.S. HANDLES ASYLUM SEEKERS
AND THOSE WHO ENTERED THE
COUNTRY ILLEGALLY AND TRY TO
GO UNDETECTED. PLUS, WE’RE ALSO
TAKING A LOOK AT A LITTLE KNOWN
PROVISION IN FEDERAL LAW THAT
IS UP INTO THE KSAT EXPLAINS.
♪
>> PERSPECTIVE ON STORIES FOR
YOU ARE.
>> CONCERNS OVER VOTING SHAKING
DURING THE PANDEMIC AND THE
BATTLE OVER MAIL-IN VOTING.
I LOOK AT HOW THE PROTESTS THE
DEMONSTRATIONS HAVE OUR CITY.
WHAT IT MEANS TO BE BLACK, SAN
ANTONIO ISSUE THAT YOU WOULD
LIKELY BACKS OUT.
DEEP IN SOUTH TEXAS, FOR
EXAMPLE, THE CULTURAL SAN
ANTONIO.
AND BREAKING DOWN HOW A
PROVISION OF FEDERAL LAW KNOWN
AS TITLE. 42 AS AFFECTED UNITED
STATES ALREADY COMPLICATED
IMMIGRATION SYSTEM.
>> THANKS FOR JOINING US FOR
THIS EPISODE OF KSAT EXPLAINS.
I’M MYRA ARTHUR. JUST THE
MENTION OF THE WORD IMMIGRATION
CAN BE DIVISIVE. SOME PEOPLE
CONSIDER THEMSELVES FOR IT OR
AGAINST IT. OTHERS SAY IT IS
MUCH MORE COMPLEX AND NUANCED
THAN THAT. NO MATTER WHERE YOU
STAND ON THE ISSUE OF
IMMIGRATION, YOU KNOW THAT IT’S
IMPACTED SOUTH TEXAS LAST FALL.
WE SAW THOUSANDS OF HAITIAN
MIGRANTS CROSS THE RIO GRANDE
INTO DEL RIO LOOKING FOR
ASYLUM. BUT THEN THERE ARE
OTHER EXAMPLES OF BORDER PATROL
AGENTS CATCHING PEOPLE GOING
THROUGH THE ROCK IN SOUTH
TEXAS, BRUSH SEEMINGLY TRYING
TO STAY UNDETECTED. SO WHAT’S
THE DIFFERENCE? WHAT DOES U.S.
LAW ALLOW? WHAT IT COMES TO
PEOPLE LOOKING FOR SAFE HAVEN
IN THIS COUNTRY VERSUS THOSE
WHO ARE JUST TRYING TO MAKE
IT HERE. THAT’S WHERE WE START.
>> YOU HAVE TO BE PHYSICALLY
PRESENT IN THE U.S. TO MAKE AN
ASYLUM CLAIM. SO THAT IS WHAT
OUR LAW REQUIRES, WHETHER
ASKING FOR ASYLUM OR NOT
CROSSING INTO THE U.S. WITHOUT
PROPER DOCUMENTATION IS STILL
CROSSING THE BORDER ILLEGALLY.
A PERSON WHO IS TRYING TO COME
IN.
AND REMAIN UNDETECTED WOULD
ONLY ATTEMPT TO DO THAT BY
CROSSING THROUGH THE AN ASYLUM
SEEKER. MY PRESENT AT A PORT OF
ENTRY WITHOUT PAPERWORK AND
SAY I NEED PROTECTION. I WANT
TO APPLY FOR ASYLUM. MANY
ASYLUM SEEKERS ALSO ACROSS THE
RIVER AND ESSENTIALLY TURNED
THEMSELVES IN, WHICH IS WHAT
WE SAW PLAY OUT IN DEL RIO IN
SEPTEMBER 2021. ROUGHLY 16,000
MIGRANTS, MOSTLY FROM HAITI
CROSSING INTO THE U.S. ASKING
FOR ASYLUM, FLEEING A COUNTRY
AND A PEOPLE AFTER THE
ASSASSINATION OF THE HAITIAN
PRESIDENT AND A DEVASTATING
EARTHQUAKE.
>> IF SOMEONE IS SEEKING ASYLUM
IN THE U.S., THE FIRST STEP IS
WHAT’S CALLED A CREDIBLE FEAR
INTERVIEW. THAT’S WHAT ASYLUM
OFFICER DECIDES WHETHER A
PERSON MERITS GOING THROUGH THE
FULL ASYLUM PROCESS.
>> BORDER PATROL IS SUPPOSED TO
DETAIN SOMEONE WHO GETS
REFERRED FOR THAT INTERVIEW.
DETENTION LOOKS DIFFERENT.
IF YOU’RE IN A FAMILY UNIT OR
IF YOU’RE JUST AND A LOT AND
THE DOGS ALONE FOR THOSE
PEOPLE, NOT DETAINEDOFTEN
FAMILIES. THEY’RE TOLD TO
REPORT TO AN IMMIGRATION AND
CUSTOMS OFFICE NEAREST TO WHERE
THEY WILL BE STAYING OFTEN WITH
FRIENDS AND FAMILY WHO WERE
ALREADY IN THE U.S. SOMETIMES
AT THAT FIRST REPORTING, PEOPLE
ARE PLACED EITHER ON AN ANKLE
MONITOR OR THE AGENCY IS ALSO
NOW YOU SOME APPS WITH CELL
PHONES THAT BASICALLY DO THE
SAME THING, RIGHT? SO THAT’S A
MONITORING MECHANISM IS USED TO
TRY AND ENSURE THAT PEOPLE
DON’T.
>> YOU KNOW, JUST KIND OF
DISAPPEAR. BUT THERE ARE PEOPLE
WHO DO OR TRY TO. SO WHAT
HAPPENS TO THOSE WHO ASK FOR
ASYLUM BUT NEVER FOLLOW THROUGH
WITH THAT PROCESS. FAILING TO
SHOW UP FOR AN INTERVIEW OR
TO SEE A JUDGE GENERALLY WHAT
HAPPENS WITH THOSE PEOPLE IS
THAT ICE GOES OUT LOOKING FOR
THEM. HOW MUCH RESOURCES GO
INTO GOING AFTER SOMEBODY WHO
DOES THAT FRANKLY DEPENDS ON
THE PERSON RIGHT TO HAVE A
CRIMINAL HISTORY. ARE THEY
SOMEONE THAT THE AGENCY IS
REALLY CONCERNED ABOUT? AND,
YOU KNOW, A PERSON COULD GET
AWAY WITH IT FOR A WEEK OR THEY
COULD GET AWAY WITH IT FOR
YEARS. AND THERE ARE THOSE WHO
COME INTO THE COUNTRY ILLEGALLY
WHO HAVE NO INTENTION OF ASKING
FOR ASYLUM IF SOMEONE TRYING TO
REMAIN IN THE U.S. ON DETECTED
COMES INTO CONTACT WITH
IMMIGRATION AUTHORITIES, THEY’D
LIKELY BE DEPORTED.
>> A PERSON LIVING IN THE U.S.
ILLEGALLY CAN SEEK ASYLUM AFTER
THEY’VE BEEN CAUGHT. THE U.S.
IS CURRENTLY KIND OF TRYING TO
DEPORT YOU.
>> YOU CAN APPLY FOR A SOUND
DEFENSIVELY SAYING LIKE, OH, I
ACTUALLY HAVE A REASON TO STAY
IN THIS COUNTRY.
>> AS FAR AS THE ASYLUM
APPLICATION PROCESS. THERE ARE
TIME FRAMES IN WHICH THOSE
STEPS ARE SUPPOSED TO BE TAKING
UP. THE IMMIGRATION ATTORNEYS
WE TALKED TO, THEY SAY THAT
MOST OF THE TIME THOSE
DEADLINES ARE NOT MET. VERA
SABAWI EXPLAINS WHY.
>> NOBODY IS SUPPOSED TO STAY
IN CBP CUSTODY FOR MORE THAN
72 HOURS. WE KNOW THAT THAT’S
ROUTINELY VIOLATED IF A MIGRANT
IS REFERRED FOR CREDIBLE FEAR
INTERVIEW, SUPPOSED TO HAPPEN
WITHIN 7 DAYS BUT ALMOST NEVER
HAPPENS ONCE A PERSON HAS THEIR
CASE BEFORE AN IMMIGRATION
JUDGE, THERE IS NO REQUIRED
TIMELINE FOR WHEN PROGRESS MUST
BE MADE IN THE CASE.
>> THE IMMIGRATION COURT SYSTEM
WAS BACKLOGGED LONG BEFORE
COVID. BUT THE PANDEMIC MADE
THE PROBLEM WORSE WITH
IMMIGRATION COURT CLOSURES AND
POSTPONE COURT HEARINGS.
ALL THAT WAS SURE TO ADD TO
THE BACKLOG.
>> BUT WHAT WAS CAUSING ISSUES
BEFORE MARCH 2020, THE TREES WE
TALKED TO BELIEVE IT’S A
COMBINATION OF THINGS. THERE’S
NOT ENOUGH JUDGES. THERE’S NOT
ENOUGH.
>> IN THE SYSTEM TO BE SO I CAN
GO FASTER AND SMOOTHER PART IN
2014 2015 WHEN THEY WERE LARGE
NUMBERS OF MINORS AND FAMILIES
THAT STARTED TO COME. I THINK
THE OTHER PART IS JUST THAT THE
IMMIGRATION COURT IS PART OF A
FEDERAL AGENCY AND ITS SLOW TO
RESPOND. I THINK IT’S JUST IT’S
A BUREAUCRATIC THE IMMIGRATION
SYSTEM ITSELF IS THE ISSUE.
SANCHEZ ALSO TOLD US THAT THE
TIMELINE CHANGES DEPENDING ON
WHERE A MIGRANT CHOOSES TO WAIT
OUT THE ASYLUM PROCESS. IF YOU
DO THE WHOLE PROCESS WHY YOU’RE
DETAINED. IT TAKES A COUPLE OF
MONTHS. BUT IF A MIGRANT
CHOOSES TO BE RELEASED WHILE
WAITING ON THEIR CASE TO MOVE
FORWARD, IT COULD TAKE YEARS.
MANY DETENTION CENTERS HAVE
THEIR OWN COURT. SO THEY HAVE
JUDGES JUST FOR THAT DETENTION
CENTER.
>> NON JUDGES. THEY DO NOT
DETAINED CASES.
MAYBE SEEING ASYLUM AND 100
OTHER THINGS. SO I CAN JUST
TAKE LONGER.
>> THE PANDEMIC DIDN’T JUST ADD
TO A BACKLOG OF IMMIGRATION
CASES. IT ALSO LED TO THE
AUTHORIZATION OF A LITTLE KNOWN
PROVISION IN FEDERAL LAW BUT
HAS ESSENTIALLY SHUT OUT
MIGRANTS LOOKING FOR ASYLUM FOR
THE PAST. 22 MONTHS IN MARCH
2020 10 DAYS AFTER THE WORLD
HEALTH ORGANIZATION DECLARED
THE NOVEL CORONAVIRUS A GLOBAL
PANDEMIC. THEN PRESIDENT DONALD
TRUMP INVOKES TITLE. 42.
THE PUBLIC HEALTH LAW ALLOWS
THE FEDERAL GOVERNMENT TO BAN
PEOPLE OR GOODS FROM ENTERING
THE U.S. TO PREVENT THE SPREAD
OF DISEASE. IN THIS CASE
COVID-19 AND SO UNDER THAT IS
ALREADY A DIRECTIVE WAS ISSUED.
IT ESSENTIALLY SAYING IT IS
WE’RE NOT GOING TO PROCESS
PEOPLE WHO WANT TO REQUEST
ASYLUM. INSTEAD, THOSE SEEKING
ASYLUM OR HOPING TO IMMIGRATE
TO THE U.S. AFTER ENTERING FROM
MEXICO OR CANADA ARE
FINGERPRINTED AND THEN EXPELLED
FROM THE COUNTRY.
>> IMPORTANT TO NOTE, THOUGH,
THAT IS NOT THE SAME AS
DEPORTATION. IT DOESN’T CARRY
THAT FUTURE CONSEQUENCES THAT
PEOPLE WOULD HAVE IF THEY WERE
DEPORTED AT THE BORDER BY AN
IMMIGRATION JUDGE. WHEN SOMEONE
IS DEPORTED, THEY ARE BARRED
FROM REENTERING THE COUNTRY FOR
A CERTAIN NUMBER OF YEARS,
DEPENDING ON THE REASON FOR
THE DEPORTATION TITLE. 42
EXPULSIONS DO NOT CARRY THAT
CONSEQUENCE. BUT SOME ARGUE
THAT THAT DOESN’T MEAN THERE IS
NO CONSEQUENCE FOR THOSE WHO
ARE EXPELLED. IT DOES HAVE A
REAL EFFECT ON REAL PEOPLE.
>> WHO WHO?
>> WHO HAVE MERRITT FOR WANTING
TO APPLY FOR ASYLUM RULE, HOW
TO ACTUALLY HAD SOMETHING
REALLY I HAPPEN TO THEM OR
THEY’RE FLEEING AND A RETURN
LIKE THEM RETURNING TO MEAN
THAT THEY DIE OR SOMETHING ELSE
TIES. SO HOW MANY TITLE 42
EXPULSIONS HAVE BEEN CARRIED
OUT SINCE MARCH OF 2020?
MORE THAN A MILLION? TAKE A
LOOK AT THESE NUMBERS BETWEEN
MARCH 2020 AND SEPTEMBER 2021.
1.4 MILLION PEOPLE WERE FORCED
TO LEAVE THE U.S. UNDER TITLE.
42.
>> THAT’S OUT OF 2.5 MILLION
PEOPLE THAT CBP ENCOUNTERED
CROSSING THE SOUTHERN BORDER.
ALL OF THIS IS HAPPENING AS
APPREHENSIONS ALONG THE U.S.
MEXICO BORDER REGION 20 YEAR
HIGH OVER THE LAST FISCAL YEAR
OF THIS GRAPH HERE.
>> SHOWS THOSE APPREHENSIONS
ALONG THE SOUTHWESTERN BORDER
OVER THE LAST 8 YEARS. THE RED
LINE SHOWS OCTOBER OF 2020
THROUGH SEPTEMBER OF 2021.
THAT ORANGE LINE THAT SAME TIME
PERIOD. BUT THE YEAR PRIOR YOU
CAN SEE THE MIGRATION NUMBERS
HAVE BEEN STEADILY GROWING
SINCE THERE WAS A LOWELL IN
BORDER CROSSINGS IN APRIL OF
2020 DUE TO THE PANDEMIC.
BUT SOME OF THE IMMIGRATION
ATTORNEYS THAT WE TALKED TO FOR
THIS EPISODE SAY THAT THESE
NUMBERS CAN BE A LITTLE
MISLEADING. THESE NUMBERS,
TRACK ARRESTS, NOT INDIVIDUALS.
ACCORDING TO A REPORT PUT OUT
BY THE AMERICAN IMMIGRATION
COUNCIL. MANY MIGRANTS ARE NOW
TRYING TO CROSS THE BORDER
MULTIPLE TIMES AFTER FAILING
LEADING TO A HIGHER NUMBER OF
APPREHENSIONS, BUT NOT
NECESSARILY A HIGHER NUMBER
OF PEOPLE TRYING TO GET INTO
THE U.S. ONE OF THE REASONS
CITED BY THAT REPORT IS TITLE.
42. THE PROVISION IS CREATING A
SYSTEM IN WHICH MIGRANTS ARE
RAPIDLY PROCESSED AT THE
BORDER, THEN SENT BACK TO
MEXICO WITHOUT A DEPORTATION
ORDER, MAKING IT EASIER FOR
PEOPLE TO CROSS REPEATEDLY.
ACCORDING TO U.S. CUSTOMS AND
BORDER PROTECTION, THIS INFLUX
IN MIGRANTS IS NOTHING NEW.
IT’S PART OF A CYCLE THAT HAS
FLUCTUATED OVER THE LAST 2
DECADES. THAT LATEST SPIKE WAS
IN DEL RIO LAST FALL WHEN WE
SAW THOSE ROUGHLY 16,000
MIGRANTS, MOSTLY FROM HAITI
SHOW UP, HOPING TO SEEK ASYLUM.
BUT AS LEXI SALAZAR TELLS US TO
THE DISMAY OF IMMIGRATION
RIGHTS ADVOCATES, MANY WERE
EXPELLED BY THE BIDEN
ADMINISTRATION USING TITLE.
42 IN MAY OF 2021. CITING
INCREASING SECURITY CONCERNS
AND SOCIAL UNREST IN HAITI.
THE BIDEN ADMINISTRATION
GRANTED TEMPORARY PROTECTED
STATUS FOR HAITIANS ALREADY IN
THE U.S. THE SHIELDED THEM FROM
DEPORTATION AND ALLOWED THEM
TO OBTAIN WORK PERMITS.
>> BUT THAT STATUS WOULD NOT
APPLY FOR THOSE WHO ARRIVED IN
DEL RIO. MONTHS LATER, THE
UNITED STATES DECISION TO SOME
THOUSANDS OF THOSE MIGRANTS
BACK TO HAITI OR TO MEXICO WAS
MET WITH PROTESTS FROM THE
ACLU, IMMIGRATION ACTIVISTS AND
SOME IMMIGRATION ATTORNEYS AS
AN IMMIGRATION ATTORNEY
>> THIS KIND OF FLAG AND
FOUNDATIONS. SO THEY WILL OFFER
LAWS SHOULDN’T BE HAPPENING
HERE IN THE U.S. PEOPLE SHOULD
HAVE A DAY IN COURT. THE
PROCESS IS DUE TO THAT. WHEN
TITLE 42 IS A FINE AND PEOPLE
ARE SENT BACK WITHOUT ANY SORT
OF THAT IS ARGUABLY
A VIOLATION.
>> AND ALSO OF THE TREATY
OBLIGATIONS THAT THE U.S. IS
PARTY TO BY SIGNING THE REFUGEE
CONVENTION.
>> THE TRUMP ADMINISTRATION
CITED PREVENTING THE SPREAD OF
COVID-19. IS THE REASON FOR
INVOKING TITLE. 42. BUT CRITICS
HAVE SAID THAT REASON WAS NOT
LEGITIMATE. REPORTS HAVE COME
OUT SINCE MARCH OF 2020 SEEM TO
BACK UP THAT CRITICISM. SOME
CDC DOCTORS BELIEVED THAT THE
BULK OF EVIDENCE DID NOT
SUPPORT USING TITLE. 42 AS
PUBLIC HEALTH MEASURE SAYING IT
WOULD NOT SLOW THE SPREAD OF
COVID AFTER TAKING OFFICE, THE
BIDEN ADMINISTRATION MADE AN
EXEMPTION TO TITLE 42 HALTING
THE EXPULSION OF UNACCOMPANIED
CHILDREN. BUT BESIDES THIS
EXEMPTION, THE ADMINISTRATION
IS LARGELY CONTINUE TO USE AND
DEFEND THE PROVISION. THEY’RE
EVEN FACING A LAWSUIT FROM
IMMIGRATION ACTIVISTS WHO ARE
ARGUING THAT THE GOVERNMENT IS
USING TITLE. 42 IS A LAW
ENFORCEMENT TOOL, NOT A PUBLIC
HEALTH TOOL, ORAL ARGUMENTS IN
THAT CASE ARE SET TO BEGIN THIS
MONTH. IN THE MEANTIME, SANCHEZ
SAYS THAT HE’S SEEING MIGRANTS
FIND OTHER WAYS TO ENTER THE
UNITED STATES. SO ENTERING
WITHOUT INSPECTION, NOT A
BORDER CROSSING WHERE THE
BRIDGE.
>> BUT TO CROSS A RIVER OR A
DESERT BECAUSE OF NOT BEING
ALLOWED TO PRESENT THEMSELVES
TO APPLY FOR ASYLUM AT THE
BORDER, THEY TAKE OTHER MEANS
BECAUSE THEY DON’T FEEL SAFE.
THEY ARE SECURE.
>> IT’S IMPORTANT TO NOTE THE
TITLE. 42 IS NOT THE ONLY
CONTROVERSIAL POLICY CURRENTLY
AFFECTING MIGRANTS. THE MIGRANT
PROTECTION PROTOCOLS BETTER
KNOWN AS THE REMAIN IN MEXICO
PROGRAM ALLOWS HOMELAND
SECURITY TO SEND NON-MEXICAN
ASYLUM SEEKERS TO MEXICO WHILE
THEY AWAIT THEIR HEARINGS IN
U.S. IMMIGRATION COURT REMAIN
IN MEXICO APPLIES TO MIGRANTS
WHO FOR WHATEVER REASON ARE
NOT EXPELLED UNDER TITLE.
42 AND ARE ALLOWED TO MAKE AN
ASYLUM CLAIM. WE’LL CONTINUE
TO FOLLOW WHAT’S HAPPENING AT
OUR BORDERS AS WELL AS HOW
TITLE 42 IS BEING USED AND THE
LITIGATION TRYING TO FIGHT IT.
I’M MYRA ARTHUR, THANKS FOR
JOINING US FOR THIS EPISODE OF
KSAT EXPLAINS. WE’LL SEE YOU
NEXT TIME.
♪
♪