Hundreds of available shelter beds in New Mexico are empty while families, including a Honduran mother and her child, seek asylum in the U.S. are forced to wait across the border with Mexico in Ciudad Juárez. Advocates have said there is a humanitarian crisis happening along the border. The Donald Trump administration’s border policies, which many describe as racist, inflammatory and discriminatory, were implemented early in the COVID-19 pandemic to stop migrants along the southern border from crossing. The administration said the policies were in place to stop the spread of the disease, though the federal government implemented very few restrictions on international flights for international travelers and none for U.S. travelers.
While President Joe Biden has reversed most of Trump’s COVID-19 border policies, he has not ended Title 42, which has kept the border closed for people like Ana Judyth Ayala Delcid, 24, and her two-year-old daughter, who journeyed through perilous conditions from Honduras through Mexico this past spring to seek asylum in the U.S.
Ayala Delcid told NM Political Report, through an interpreter provided by El Calvario Methodist Church shelter in Las Cruces, that she left her home with her young daughter and began the journey across Mexico, despite her fears of how hard it might be, because in two separate incidents, gang members killed her aunt and invaded her house at night. She said she is afraid to return.
Nicole Martin, a sex education developer and co-founder of the grassroots reproductive rights organization Indigenous Women Rising (IWR), called forced hysterectomies reported by a whistleblower in a migrant detention facility in Georgia a crime against humanity. Martin, of Laguna Pueblo and Diné (Navajo Nation), likened the forced hysterectomies as “directly linked to genocide and colonization and white supremacy.” She said the forced hysterectomies make it impossible for migrant people to reproduce and “bring in more generations.”
“Their whole sense of being is stripped away from them. I can’t imagine how the people detained right now, how they’re coping or functioning or making it day by day. My heart really hurts for them. I can’t believe this is the world we’re living in,” Martin told NM Political Report.
Albuquerque’s mayor along with the chief of police voiced opposition to a reported plan by the Trump administration to send additional federal law enforcement to Albuquerque and other cities across the nation. CBS News first reported on the memo and U.S. Sen. Martin Heinrich said he was told by the U.S. Attorney for New Mexico that it would be expanded to Albuquerque. Mayor Tim Keller said in a statement on Tuesday afternoon, “There’s no place for Trump’s secret police in our city.”
“If this was more than a stunt, these politicians would support constitutional crime fighting efforts that work for our community, not turning Albuquerque into a federal police state. We will not sell out our own community, or our own police department, for this obvious political agenda; as they try to incite violence by targeting our city and our residents,” Keller continued. Albuquerque Police Department Chief Mike Geier similarly criticized the proposed use of federal agents.
About 5,800 recipients of legal protections for some young immigrants in the state got surprising, but welcome, news Thursday when the U.S. Supreme Court ruled against President Donald Trump in his lawsuit against the Deferred Action for Childhood Arrivals program. The 5-4 ruling allows the program under the Department for Homeland Security to continue. Put in place under the Obama administration in 2012, it allows individuals who came to the U.S. as children to gain temporary legal status so they can apply to college and professional jobs. According to a 2019 U.S. Citizenship and Immigration Service report, 652,880 residents are enrolled in the program. New Mexico was one of the states that sued the federal government.
The nation’s highest court on Monday sent a case involving the cross-border shooting death of a Mexican teenager back to the U.S. 5th Circuit Court of Appeals for reconsideration.
That leaves the question of whether the teen’s family can sue the U.S. Border Patrol agent who fired across the Rio Grande and killed him unanswered.
The case involves the 2010 death of Sergio Adrian Hernandez Guereca during what officials called a “rock-throwing incident.” The teen was shot and killed by agent Jesus Mesa Jr., who was patrolling the banks of the Rio Grande in El Paso. Hernandez Guereca was on the Mexican side of the border, in Ciudad Juárez, when Mesa fatally shot him from the Texas side.
The teen’s family initially sued the U.S. government, U.S. Customs and Border Protection, the Department of Homeland Security and Mesa, alleging the teen’s civil rights had been violated. A district judge dismissed the charges because Hernandez was a Mexican national and was on Mexican soil when the shooting occurred.
An appellate court ruled in 2014 that Mesa could be sued in his individual capacity although the American agencies could not. Then, in April 2015, the U.S. 5th Circuit Court of Appeals sided with Mesa, saying he was entitled to immunity because Hernandez was south of the Rio Grande when the shooting happened.
The teenager’s family appealed to the U.S. Supreme Court, and in October 2016, the high court agreed to consider the case. On Monday, the Supreme Court sent the case back to the 5th Circuit, ordering the court to revisit its previous ruling in light of other court decisions that have happened since.
“The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life,” the court wrote.
One morning in February, lawyer Marty Rosenbluth set off from his Hillsborough, North Carolina, home to represent two anxious clients in court. He drove about eight hours southwest, spent the night in a hotel and then got up around 6 a.m. to make the final 40-minute push to his destination: a federal immigration court and detention center in the tiny rural Georgia town of Lumpkin. During two brief hearings over two days, Rosenbluth said, he convinced an immigration judge to grant both of his new clients more time to assess their legal options to stay in the United States. Then he got in his car and drove the 513 miles back home. “Without an attorney, it’s almost impossible to win your case in the immigration courts.
The State Auditor released its annual ‘At Risk List’ of public entities that failed to submit their mandated audits on time. Three state agencies, four counties, four school districts, one college and ten municipalities failed to submit their annual audits. One entity had an audit opinion that found “significant problems with its financial statements” per the State Auditor press release: The Town of Estancia. State Auditor Tim Keller said in a statement why the list was important. “The ‘At Risk List’ helps policymakers and the public easily identify which entities are behind schedule or reporting financial information that often isn’t cutting it,” he said.
The Obama administration has asked a Brownsville-based judge to rethink an order that requires the federal government to turn over the private information of thousands of undocumented immigrants. The May 19 order from U.S. District Judge Andrew Hanen asserted that the federal government’s attorneys intentionally misled the court during proceedings over the Obama admiration’s controversial executive order on immigration, known as Deferred Action for Parents of Americans and Lawful Permanent Residents. The court order included instructions for the federal government to provide Hanen a list of the immigrants who benefited prematurely from DAPA. But in a filing Tuesday, the federal government’s attorneys said providing that list would jeopardize the faith the American people have in one of the government’s largest institutions. “Requiring (Department of Homeland Security) to produce ‘all personal identifiers’ and ‘all available contact information’ for approximately 50,000 individuals by June 10, 2016, could undermine public trust in DHS’s commitment to protecting the confidential information contained in immigration files and will create a significant burden,” the filing states.
A Buzzfeed investigation found that the FBI and Department of Homeland Security flew spy planes over cities throughout the country—including Albuquerque. The investigation found that the planes were equipped with high-resolution cameras and occasionally devices that could track cell phones below. The FBI preferred small aircraft, mostly Cessnas. Many were ”fitted with exhaust mufflers to reduce engine noise,” according to Buzzfeed. The data on the flights themselves came from Flightradar24, a flight-tracking website.
Gov. Susana Martinez signed the driver’s license bill into law Tuesday afternoon at a self-congratulatory press conference at the Albuquerque Sunport. The bill will bring the state into compliance with the federal Real ID Act. In brief remarks that lasted only a couple of minutes, Martinez said no less than three times that the law will end New Mexico’s practice of allowing driver’s licenses for those who are in the country illegally. At one point she outlined how that practice will actually change. “Under this bill no illegal immigrant can get a driver’s license,” Martinez said.