Migrants get a second chance at asylum. But it’s still “an uphill battle.”

Ruby Powers didn’t rush to celebrate when her client, a Honduran mother who has been separated from her 15-year-old son and detained for four months, passed her second “credible fear” interview to restart the asylum process. Although the president and the American Civil Liberties Union have come to an agreement giving migrant families separated at […]

Migrants get a second chance at asylum. But it’s still “an uphill battle.”

Ruby Powers didn’t rush to celebrate when her client, a Honduran mother who has been separated from her 15-year-old son and detained for four months, passed her second “credible fear” interview to restart the asylum process.

Although the president and the American Civil Liberties Union have come to an agreement giving migrant families separated at the border this summer a second chance to make their case for staying in the country, immigration lawyers say the Trump administration is still working overtime to upend the nation’s asylum process. And while a few hundred people may get a second chance at asylum, there are likely tens of thousands of asylum-seekers who will be subject to a tightened asylum process.

“It’s infinitely harder on all levels,” Powers said. “With the chipping away of the asylum law, it’s an uphill battle to try to get an approval.”

The primary source of their unease? U.S. Attorney General Jeff Sessions, who has fought hard to tighten his grip over the asylum process through this summer’s since-overturned “zero tolerance” policy that separated migrant parents from their kids; his overt criticism of Trump’s decision to return to “catch and release,” where undocumented immigrants are not immediately deported; and his June announcement that removes domestic abuse and gang violence from consideration in most asylum cases. There is also a federal effort afoot to change the Flores Settlement Agreement, which prohibits the federal government from detaining migrant children for longer than 20 days.

As recently as Sept. 18, Sessions said he’s considering reviewing a case that would remove immigration judges’ power to release detainees on bond. If reversed, the result could be prolonged detention for immigrants who are awaiting asylum hearings. With a backlog totaling nearly 750,000 cases as of the end of August, asylum-seekers might face months, even years, in detention.

Sessions has called for greater scrutiny of asylum cases, arguing that once asylum-seekers have their “credible fear” interview and are released into the United States, they often “simply disappear” and fail to show up to their ensuing immigration hearings.

“The asylum system has been abused for years to the detriment of the rule of law, sound public policy and public safety — and to the detriment of people with just claims,” Sessions said in a speech to immigration judges early this month.

He also cautioned immigration judges to be vigilant of “unjustified and sometimes blatantly fake [asylum] claims.”

“He’s trying to erode the right to asylum,” said Liz Willis, a fellow at the Asylum Seeker Advocacy Project, which works to prevent the deportation of migrant families. “And he’s doing it effectively.”

Asylum denial rates are at a 12-year high. According to Syracuse University’s Transactional Records Access Clearinghouse (TRAC), a repository of federal immigration data, more than 61 percent of asylum claims were rejected last year. And fewer individuals are passing the “credible fear” interview, one of the initial and most essential steps in the asylum process. A July TRAC report noted that court findings of credible fear “began to plummet” in January 2018. By June of this year, there was a “credible fear” finding in only 14.7 percent of cases, down from 32.7 percent in June 2017.

The asylum process was notoriously complicated long before Sessions. “The interviews are not that long, you don’t get that much time to talk, and sometimes the asylum officers don’t ask follow-up questions that might be helpful for you to understand what you’re supposed to explain and go into detail about,” Willis said.

Separating families under “zero tolerance” compounded the trauma, she added, and certainly didn’t help asylum-seekers in their “credible fear” interviews, if they even had them. Many migrants were deported before getting the opportunity.

In Powers’ case, the Honduran mother’s successful second “credible fear” interview doesn’t guarantee a successful asylum case; it’s merely the first step in a seemingly never-ending process. She’s still being detained in a detention complex in Pearsall, in South Texas, with no release date. She only found legal representation three weeks ago. And though her son was released to a family member in the United States, she hasn’t seen him since they were separated.

“Being detained, being in a fishbowl, being traumatized, not being reunited [with her son], that’s hindering our ability to build the best asylum case that we can,” Powers said.

Even with a second chance at asylum for separated parents, more hurdles await in the courts. Eleanor Acer, the director of Human Rights First’s Refugee Protection Program, which recruits and trains lawyers to represent migrants pro bono, said there’s worry over how much influence Sessions has on the judges who make asylum decisions.

Sessions’ end goal, Acer believes, is to deter asylum-seekers from coming to the United States, “whether it’s through criminal prosecutions, or extended detention, or literally now trying to change the law to prevent them from receiving asylum at the end of the day.”

Representatives for the Justice Department declined to comment for this article. But speaking to the immigration judges earlier this month, Sessions cautioned that he expected quick work from their courts, with an emphasis on prosecution.

“As we work to restore rule of law in our immigration system, we will send a clear message to the world that the lawless practices of the past are over,” he said.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/09/25/jeff-sessions-donald-trump-asylum-migrant-parents/.

 

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Sandia researchers look at ways to store hydrogen underground

Sandia researchers look at ways to store hydrogen underground

As the world looks to decarbonize, governments are promoting hydrogen, a somewhat controversial energy source, as an important component of that effort. But that…
American Rivers ranks waters in New Mexico as the most endangered in the country

American Rivers ranks waters in New Mexico as the most endangered in the country

New Mexico rivers are the most endangered in the country, according to the annual report from American Rivers. This is because of two U.S.…
Economic Development Department announces Energy Transition Act funding awards

Economic Development Department announces Energy Transition Act funding awards

Funding to assist with economic development following the closure of the San Juan Generating Station will be distributed to four projects in San Juan,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Politics Newsletter: Early and absentee voting

Politics Newsletter: Early and absentee voting

Good morning fellow political junkies! Early and absentee voting for the June 4 New Mexico primary begins in about a month. The nonprofit election…
American Rivers ranks waters in New Mexico as the most endangered in the country

American Rivers ranks waters in New Mexico as the most endangered in the country

New Mexico rivers are the most endangered in the country, according to the annual report from American Rivers. This is because of two U.S.…

Can the Albuquerque Police Department ever be reformed?

by Joshua Bowling, Searchlight New Mexico In the past decade, reforming the Albuquerque Police Department has cost nearly $40 million and generated 5,600 pages…
Politics Newsletter: Uncommitted primary voting

Politics Newsletter: Uncommitted primary voting

Hello fellow political junkies! Early and absentee voting in the New Mexico Primary begin on May 7. With many voters readying their choice for…

GET INVOLVED

© 2023 New Mexico Political Report