“More than most members of Congress, Sen. Ted Cruz (R–Texas) understands the desperation of individuals fleeing autocratic communist regimes.
Cruz’s father, Rafael, fled Cuba in 1957 with little more than a student visa and $100 sewn into his underwear—an oft-repeated detail that effectively conveys both the fear and hopefulness of the refugee experience. The other details in the story are familiar to anyone who has followed Cruz’s career, even in passing, given the prominence of those personal details in the senator’s speeches. Rafael bribed his way out of Cuba, reached the United States, enrolled in college, worked as a dishwasher, earned his degree, and eventually started a successful business. Importantly, he was granted political asylum when his student visa expired.
If not for that last detail, it’s highly unlikely that Rafael’s son would have ever had the chance to stand on the floor of the U.S. Senate and declare, as he did on Friday, that America ought to make it more difficult for individuals and families to flee other oppressive communist regimes. In blocking the passage of a bill that would have granted political asylum to anyone fleeing Hong Kong due to the Chinese government’s takeover of the formerly semi-autonomous city, Cruz not only dimmed America’s status as a bastion of freedom for the world’s oppressed people, but spat upon his own heritage as the son of a political refugee.”
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“In remarks delivered on the Senate floor Friday, Cruz outlined two objections to the bill. Both are misleading, at best.
First, Cruz politicized the attempt to provide an exit strategy for Hongkongers, calling the bill a Democratic plot to “advance their long-standing goals on changing immigration laws.” But the bill has a bipartisan list of cosponsors and passed the House earlier this month by a voice vote—usually an indicator of such broad support that no roll call is demanded.
Second, Cruz maligned Hong Kong refugees as potential spies, arguing that China would use the special immigration status to slip its agents into the United States. Except, well, China doesn’t seem to have any trouble doing that already, and recipients of political asylum would have to undergo a background check before their status is granted. If anything, the bill’s passage would ensure that immigrants from Hong Kong to America are subject to more vetting than they might otherwise receive.
Again, Cruz’s father’s story stands in stark contrast. Prior to fleeing to America, Rafael Cruz had worked for the Castro government in Cuba. If Ted were a member of the U.S. Senate at the time, would he have viewed his own father as a potential spy who should not be trusted with political asylum?”
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“Cruz’s biography aside, there is a more important and obvious point. Granting political asylum to Hongkongers looking to flee China is absolutely the right thing for the United States to do, politically and economically.
Politically, the image of tens of thousands of Hongkongers fleeing China’s takeover of the city by relocating to the United States would be an international humiliation for the regime in Beijing. That’s why China has tried to stop the United Kingdom from extending special immigration status to residents of Hong Kong—and the U.K. has responded, correctly, by turning its passport-making machines up to 11.
Economically, China’s loss would be America’s gain. An influx of people from Hong Kong—and the knowledge, skills, money, and entrepreneurship they would bring—would be an economic boon for the United States, particularly if they resettle in areas where the population is stagnant or declining.”
“Some 28,000 asylum seekers — primarily Cubans, Hondurans, and Guatemalans — have active cases in former President Donald Trump’s Migrant Protection Protocols (MPP), which became known as the “Remain in Mexico” program. It is one of many interlocking Trump-era policies that, together, have made obtaining asylum and other humanitarian protections in the US next to impossible.
On Friday, the Homeland Security Department announced that it had allowed 25 of those asylum seekers to cross the US-Mexico border at the San Ysidro port of entry, which connects the city of Tijuana with San Diego, California. International organizations, including the United Nations Refugee Agency (UNHCR), had registered the asylum seekers in advance and given them an appointment to show up at the border during which they verified their eligibility to enter the country on a US Customs and Border Protection mobile app and tested negative for Covid-19.
“Today, we took the first step to start safely, efficiently, and humanely processing eligible individuals at the border,” Homeland Security Secretary Alejandro Mayorkas said in a statement on Friday. “It is important to underscore that this process will take time, that we are ensuring public health and safety, and that individuals should register virtually to determine if they are eligible for processing under this program.””
“The Trump administration is holding unaccompanied migrant children in hotels before rapidly expelling them from the US under a new policy that allows officials to turn away anyone who poses a risk of spreading coronavirus — even if they show no symptoms and are seeking asylum.”
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“It’s just the latest in a long line of Trump administration policies designed to gut the asylum system on the southern border. Before the pandemic, officials were turning away tens of thousands of migrants at the southern border through the “Remain in Mexico” program, under which asylum seekers were forced to wait in Mexico, often for months at a time, for their immigration court hearings in the US. The new expulsion policy has largely replaced that program as a mechanism for keeping migrants out.
According to court documents, the administration had expelled about 2,000 unaccompanied children under the policy as of June. Though the government has not released more recent data on unaccompanied children specifically, CBP reported expelling more than 105,000 migrants total under the policy by the end of July.
“They’re coming here because they have legitimate claims for humanitarian protection,” Steven Kang, an attorney for the ACLU, said Friday. “For this country turn them right around is not only wrong — it’s not what Congress wanted. This whole shadow deportation scheme bypasses and ignores all the important rights that Congress gave them.””
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“Though overcrowding of such facilities was a concern at the outset of the pandemic, HHS shelters are now operating at 5-to-10-percent capacity — well below normal, Kang said. That suggests that there is plenty of room to safely enforce social distancing and quarantine anyone who tests positive for Covid-19 or develops symptoms.
The lawsuit also argues that children have the right to an attorney and a full immigration court hearing to determine whether they are entitled to protections that would allow them to stay in the US, which is required by the Trafficking Victims Protection Act (TVPRA).
The government has argued that it has the authority to reject any migrant who poses a risk of spreading communicable disease under Title 42, a federal public health provision. Mark Morgan, the acting CBP commissioner, said earlier this month that the policy helps mitigate the risk of spreading the virus to anyone the migrants might come into contact with while being processed and in HHS shelters.”
“About 99 percent of asylum seekers who were not detained or who were previously released from immigration custody showed up for their hearings over the last year, according to new data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, a think tank that tracks data in the immigration courts.
Studies from previous years have also disproven the idea that most migrants will choose to live in the US without authorization rather than see their immigration cases through. But it’s nevertheless a central idea in Trump’s immigration policies, including those that aim to keep migrants in Mexico rather than letting them walk free in the US.”
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“Data from the DOJ suggests that the rate at which migrants overall show up for their immigration court proceedings is lower than the rate TRAC cites. In 2018, the most recent year for which data is available, about 75 percent of migrants showed up for their court hearings in 2018 — similar to rates over the previous five years. The DOJ has also reported that the number of migrants and asylum seekers who fail to show up for their hearings is on the rise.”
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“There are comparatively low-cost alternatives to keeping immigrants in detention or sending them abroad, including the now-defunct Obama-era Family Case Management Program. Under that program, which Trump ended in June 2017, families were released and assigned to social workers who aided them in finding attorneys and accommodation and ensured that they showed up for their court hearings.
The program was small in scale, with no more than 1,600 people enrolled at any one time, but appeared to be successful in ensuring that 99 percent of participants showed up for their court appearances and ICE check-ins.”
“The primary driver of this crisis is that President Donald Trump’s policies are sending thousands of migrants back to Mexico, where there isn’t enough safe, temporary housing in which they can stay.
In 2018, US Customs and Border Protection officials started limiting the number of asylum seekers it processes at ports of entry each day. Those waiting had to do so in Mexico, where migrant shelters are at capacity. Many have been forced to sleep on the streets. The amount of names on lists of those waiting to be processed exceeded 26,000 in August.
Once they are processed, though, they may quickly be returned to Mexico under the Trump administration’s “Remain in Mexico” policy, officially known as the Migrant Protection Protocols (MPP). More than 56,000 migrants have been sent back to await decisions on their US asylum applications.”