Officials urge DHS to end program that puts asylum seekers at greater risk

Several elected New Mexico officials signed onto a letter sent by the American Civil Liberties Union of New Mexico to the U.S. Department of Homeland Security Secretary Alejandro Mayorkas asking for the end of border expulsions under Title 42. Title 42 is a program started under former President Donald Trump which has continued under President […]

Officials urge DHS to end program that puts asylum seekers at greater risk

Several elected New Mexico officials signed onto a letter sent by the American Civil Liberties Union of New Mexico to the U.S. Department of Homeland Security Secretary Alejandro Mayorkas asking for the end of border expulsions under Title 42.

Title 42 is a program started under former President Donald Trump which has continued under President Joe Biden. Under Title 42, the U.S. Customs and Border Protection (CBP) expels asylum seekers at the border rather than allowing them to enter the country and go through the process of applying for asylum in the U.S.

Under Biden, some exemptions became available though CBP still turned away the majority who requested asylum at a port of entry. But Katie Hoeppner, a spokesperson for ACLU-New Mexico, told NM Politlcal Report in an email that the situation “is now deeply troubling because there is no way for people seeking asylum to safely approach ports of entry and request protection, no matter how vulnerable they are.”

The letter states that allowing asylum seekers to enter into the U.S. is not only a legal responsibility but that it can be done safely. The letter states that recent research shows that 99 percent of asylum seekers who were not detained or released from immigration custody showed up for their hearings in 2019. The letter calls the expulsion of asylum seekers from ports of entry as “discriminatory” and “unlawful.” Asylum seekers have the right to seek asylum in the U.S. under the Refugee Act.

Four state senators, seven House representatives, two Las Cruces city councilors, the Alamogordo Mayor Pro Tem and the heads of organizations that work with asylum seekers in New Mexico signed the letter.

Many thought Biden would end Title 42 by the end of July. Hoepner said in her email that when that didn’t happen, nonprofits helping to process people through the exemptions of Title 42 felt they could no longer be a part of the “harm reduction” approach.

“They were unwilling to be co-opted or complicit in this unlawful policy,” she said.

Conservatives including U.S. Rep. Yvette Herrell, a Republican representing New Mexico’s 2nd Congressional District along the border, have argued that Title 42 needs to be kept in effect during the COVID-19 pandemic. She said in a letter to Mayorkas in June, that if Title 42 is lifted, the spread of COVID-19 would increase due to migrants crossing outside of ports of entry.

But both the Trump and Biden administrations put very few restrictions on international travel. Rev. George Miller, who runs a refugee center at El Calvario United Methodist Church in Las Cruces, previously told NM Political Report that hundreds of beds could be available for asylum seekers across New Mexico. Miller was one of the co-signatures on the letter to Mayorkas Tuesday.

Related: With shelter beds available in New Mexico, asylum seekers wait across the border in dangerous conditions because of a Trump-imposed policy

Other advocates have said the federal government and non-government organizations (NGO’s) have the capacity to test and vaccinate against COVID-19 when people cross ports of entry along the southern border. Miller told NM Political Report that most asylum seekers would only pass through New Mexico for a day or two while they make arrangements to stay with family or friends in other parts of the U.S.

Forcing asylum seekers to wait in Mexico for an indefinite length of time to seek asylum in the U.S. further marginalizes already marginalized people, especially LGBTQ asylum seekers, the letter states.

“Overcrowded and unsanitary camps increase the risk of COVID-19 outbreaks among people living there, potentially contributing to the further spread of variants. These poor conditions, in conjunction with extremely limited access to adequate healthcare services, and the threat of serious crime by violent gangs, puts already vulnerable people in the worst of circumstances during a global pandemic,” the letter states.

One of the signatories, state Rep. Angelica Rubio, D-Las Cruces, said through the news release that both parties “have politicized the immigration system for political gain.”

“Title 42 is a continuation of that, leaving thousands of refugees in peril. As a first-generation New Mexican, and the daughter of Mexican immigrants, Title 42 goes against everything I believe in. I urge President Biden to not perpetuate the political exploitation of our immigration system and instead work towards designing a system that is holistic, just, and fair,” she said.

State Sen. Carrie Hambeln, D-Las Cruces, who also signed the letter called ending Title 42 “long past due,” in the news release.

“The people arriving at our Southern border to seek asylum are fleeing unimaginable circumstances. It’s unconscionable that our government continues to put them in harm’s way when we have the resources and the ability to respond with humanity and care. I am honored to stand with the ACLU, my colleagues, and community in calling on Secretary Mayorkas to rescind this harmful policy.”

The Department for Homeland Security didn’t respond to a request for comment but did say that DHS responds to correspondence through official channels.

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

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…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
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…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
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…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report