U.S. Department of Homeland SecurityU.S. Department of Homeland Security
Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years
At Least 100,000 Latin Americans Will Be Allowed to Reunite With Families in US
'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma
Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul
After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'
Bay Area Teen Awaits Ruling on Humanitarian Protections for Mom and Other Immigrants
Government Plans to Expand DNA Collection From Migrant Detainees
U.S. Moves FEMA, Coast Guard Money to Fund Border Programs
Diverting Funds to Pay for Indefinite Detention at the Border
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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1591205172","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"},"lesleymcclurg":{"type":"authors","id":"11229","meta":{"index":"authors_1591205172","id":"11229","found":true},"name":"Lesley McClurg","firstName":"Lesley","lastName":"McClurg","slug":"lesleymcclurg","email":"lmcclurg@KQED.org","display_author_email":false,"staff_mastheads":["news","science"],"title":"KQED Health Correspondent","bio":"Lesley McClurg is a health correspondent and fill-in host. Her work is regularly rebroadcast on numerous NPR and PBS shows. She has won several regional Emmy awards, a regional and a national Edward R. Murrow award. The Association for Health Journalists awarded Lesley best beat coverage. The Society of Professional Journalists has recognized her reporting several times. The Society of Environmental Journalists spotlighted her ongoing coverage of California's historic drought. Before joining KQED in 2016, she covered food and sustainability for Capital Public Radio, the environment for Colorado Public Radio, and reported for both KUOW and KCTS9 in Seattle. When not hunched over her laptop Lesley enjoys skiing with her daughter, cycling with her partner or scheming their next globetrotting adventure. Before motherhood she relished dancing tango till sunrise. When on deadline she fuels herself almost exclusively on chocolate chips.\r\n\r\n ","avatar":"https://secure.gravatar.com/avatar/3fb78e873af3312f34d0bc1d60a07c7f?s=600&d=blank&r=g","twitter":"lesleywmcclurg","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["administrator"]}],"headData":{"title":"Lesley McClurg | KQED","description":"KQED Health 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FM","link":"/"}},"news_11964656":{"type":"posts","id":"news_11964656","meta":{"index":"posts_1591205157","site":"news","id":"11964656","score":null,"sort":[1697490045000]},"guestAuthors":[],"slug":"settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","title":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years","publishDate":1697490045,"format":"standard","headTitle":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.\u003c/p>\n\u003cp>The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of “zero-tolerance” policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lee Gelernt, lead counsel, ACLU\"]‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’[/pullquote]“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/immigration-north-america-donald-trump-ap-top-news-politics-8e35d6ce73e74227983312e4264f8594\">Trump\u003c/a>, the front-runner for the Republican presidential nomination, hasn’t ruled out reviving the highly controversial tactic at the southern border if he wins next year’s election.\u003c/p>\n\u003cp>His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, \u003ca href=\"https://apnews.com/article/latin-america-court-decisions-politics-courts-ap-top-news-1dafadd6fee4447cadd4a0179553026e\">Trump eventually reversed course in\u003c/a> 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.\u003c/p>\n\u003cp>During a \u003ca href=\"https://www.cnn.com/2023/05/11/politics/transcript-cnn-town-hall-trump/index.html\">CNN town hall\u003c/a> in May, Trump was noncommittal on whether he would again separate families if elected. “When you say to a family that if you come we’re going to break you up, they don’t come,” he said when pressed.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lee Gelernt, lead counsel, ACLU\"]‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’[/pullquote]Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.\u003c/p>\n\u003cp>“This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status,” he said. “Nothing can make these families whole again but this is at least a start.”\u003c/p>\n\u003cp>Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.\u003c/p>\n\u003cp>President Joe Biden issued an executive order on his first day in office to reunite families. According to figures released by the \u003ca href=\"https://apnews.com/article/biden-politics-united-states-government-donald-trump-mexico-2665290109390540a2c7cd3a6efcfa99\">Department of Homeland Security in February\u003c/a>, 3,881 children were separated from their families from 2017 to 2021. About 74% of those have been reunited with their families: 2,176 before a Biden administration task force was created and 689 afterward.\u003c/p>\n\u003cp>Hundreds of families sued the federal government, seeking both monetary damages and policy changes.\u003c/p>\n\u003cp>In 2021, the government was discussing a possible payment of hundreds of thousands of dollars to each parent and child separated under Trump’s policies but talks stalled on that point.\u003c/p>\n\u003cp>But the proposed settlement provides key benefits including authorization for parents of separated children to come to the U.S. under humanitarian parole for three years and work in the United States. The families receive housing aid for up to a year and medical and behavioral health benefits designed to address some of the trauma associated with the separations.\u003c/p>\n\u003cp>[aside postID=news_11962387 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/09/230925-Wendy-Carrillo-JX-KQED-1020x681.jpg']Mayorkas described how he’d met with a woman who had been separated from her daughter and how after they had been reunited, her daughter still struggled with the experience.\u003c/p>\n\u003cp>“We need to help these families heal. And that is an obligation that we carry because of the pain that we inflicted upon them,” he said.\u003c/p>\n\u003cp>Attorney General Merrick Garland said the practice of separating families was “shameful” and that the proposed settlement would provide those affected with critical support to recover.\u003c/p>\n\u003cp>They’ll also get access to legal services which will be vital as they may file asylum applications to stay in the United States permanently. The settlement also waives the usual one-year timeline limiting when someone can apply for asylum, and the parents can apply even if they were previously denied. A special team of supervisors will review their cases.\u003c/p>\n\u003cp>Some of these benefits were already available to families under a task force created by the Biden administration and designed to reunite separated families. But Gelernt said the settlement goes beyond the task force’s purview in key ways such as the asylum assistance.\u003c/p>\n\u003cp>The settlement requires the government to keep detailed documentation when it separates children from parents to avoid the chaos that erupted during the Trump-era family separations where parents and children could not be quickly reunited.\u003c/p>\n\u003cp>Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A proposed court settlement prevents the government from policies to separate migrant parents from their children at the border for 8 years.","status":"publish","parent":0,"modified":1697487544,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1005},"headData":{"title":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years | KQED","description":"A proposed court settlement prevents the government from policies to separate migrant parents from their children at the border for 8 years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Biden, ACLU Reach Settlement That Could Halt Family Separations at Border for 8 Years","datePublished":"2023-10-16T21:00:45.000Z","dateModified":"2023-10-16T20:19:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Rebecca Santana, Elliot Spagat\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11964656/settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.\u003c/p>\n\u003cp>The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of “zero-tolerance” policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lee Gelernt, lead counsel, ACLU","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/immigration-north-america-donald-trump-ap-top-news-politics-8e35d6ce73e74227983312e4264f8594\">Trump\u003c/a>, the front-runner for the Republican presidential nomination, hasn’t ruled out reviving the highly controversial tactic at the southern border if he wins next year’s election.\u003c/p>\n\u003cp>His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, \u003ca href=\"https://apnews.com/article/latin-america-court-decisions-politics-courts-ap-top-news-1dafadd6fee4447cadd4a0179553026e\">Trump eventually reversed course in\u003c/a> 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.\u003c/p>\n\u003cp>During a \u003ca href=\"https://www.cnn.com/2023/05/11/politics/transcript-cnn-town-hall-trump/index.html\">CNN town hall\u003c/a> in May, Trump was noncommittal on whether he would again separate families if elected. “When you say to a family that if you come we’re going to break you up, they don’t come,” he said when pressed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lee Gelernt, lead counsel, ACLU","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.\u003c/p>\n\u003cp>“This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status,” he said. “Nothing can make these families whole again but this is at least a start.”\u003c/p>\n\u003cp>Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.\u003c/p>\n\u003cp>President Joe Biden issued an executive order on his first day in office to reunite families. According to figures released by the \u003ca href=\"https://apnews.com/article/biden-politics-united-states-government-donald-trump-mexico-2665290109390540a2c7cd3a6efcfa99\">Department of Homeland Security in February\u003c/a>, 3,881 children were separated from their families from 2017 to 2021. About 74% of those have been reunited with their families: 2,176 before a Biden administration task force was created and 689 afterward.\u003c/p>\n\u003cp>Hundreds of families sued the federal government, seeking both monetary damages and policy changes.\u003c/p>\n\u003cp>In 2021, the government was discussing a possible payment of hundreds of thousands of dollars to each parent and child separated under Trump’s policies but talks stalled on that point.\u003c/p>\n\u003cp>But the proposed settlement provides key benefits including authorization for parents of separated children to come to the U.S. under humanitarian parole for three years and work in the United States. The families receive housing aid for up to a year and medical and behavioral health benefits designed to address some of the trauma associated with the separations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11962387","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/09/230925-Wendy-Carrillo-JX-KQED-1020x681.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Mayorkas described how he’d met with a woman who had been separated from her daughter and how after they had been reunited, her daughter still struggled with the experience.\u003c/p>\n\u003cp>“We need to help these families heal. And that is an obligation that we carry because of the pain that we inflicted upon them,” he said.\u003c/p>\n\u003cp>Attorney General Merrick Garland said the practice of separating families was “shameful” and that the proposed settlement would provide those affected with critical support to recover.\u003c/p>\n\u003cp>They’ll also get access to legal services which will be vital as they may file asylum applications to stay in the United States permanently. The settlement also waives the usual one-year timeline limiting when someone can apply for asylum, and the parents can apply even if they were previously denied. A special team of supervisors will review their cases.\u003c/p>\n\u003cp>Some of these benefits were already available to families under a task force created by the Biden administration and designed to reunite separated families. But Gelernt said the settlement goes beyond the task force’s purview in key ways such as the asylum assistance.\u003c/p>\n\u003cp>The settlement requires the government to keep detailed documentation when it separates children from parents to avoid the chaos that erupted during the Trump-era family separations where parents and children could not be quickly reunited.\u003c/p>\n\u003cp>Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964656/settlement-over-trump-family-separations-at-the-border-limits-future-separations-for-8-years","authors":["byline_news_11964656"],"categories":["news_8"],"tags":["news_350","news_23456","news_24303","news_20452","news_22226"],"featImg":"news_11964660","label":"news"},"news_11949056":{"type":"posts","id":"news_11949056","meta":{"index":"posts_1591205157","site":"news","id":"11949056","score":null,"sort":[1683764291000]},"guestAuthors":[],"slug":"at-least-100000-latin-americans-will-be-allowed-to-reunite-with-families-in-us","title":"At Least 100,000 Latin Americans Will Be Allowed to Reunite With Families in US","publishDate":1683764291,"format":"standard","headTitle":"At Least 100,000 Latin Americans Will Be Allowed to Reunite With Families in US | KQED","labelTerm":{"site":"news"},"content":"\u003cp>As President Joe Biden’s \u003ca href=\"https://apnews.com/article/migrants-mexico-border-asylum-title-42-4a4c55366e42b53f266ff88a8602dd0d\">administration prepares for the end of asylum restrictions\u003c/a> related to the COVID-19 pandemic, it is offering some new legal options for people — especially families — to come to the United States.\u003c/p>\n\u003cp>The administration said it will admit at least 100,000 Latin Americans seeking to reunite with family members in the United States, but it has released almost no details. The plan was announced as restrictions tied to a public health law, known as \u003ca href=\"https://apnews.com/article/immigration-biden-border-title-42-mexico-asylum-be4e0b15b27adb9bede87b9bbefb798d\">Title 42,\u003c/a> were set to expire Thursday.\u003c/p>\n\u003cp>Here is a look at the new legal pathway for Latin Americans to join their relatives in the United States:\u003c/p>\n\u003ch2>How would people apply?\u003c/h2>\n\u003cp>During a recent visit to the border city of Brownsville, Texas, U.S. Secretary of Homeland Security Alejandro N. Mayorkas said people would apply for permission to join their families in the United States at regional processing centers. The government plans to open 100 such hubs across the Western hemisphere, with the first ones starting in Guatemala and Colombia.\u003c/p>\n\u003cp>The centers will handle requests for family reunification parole, Mayorkas said, along with applications for the U.S. refugee program and humanitarian parole for those deemed to be particularly vulnerable, which is decided on a case-by-case basis.\u003c/p>\n\u003ch2>Who will be eligible?\u003c/h2>\n\u003cp>The new family reunification parole program is for immigrants from Honduras, Guatemala, El Salvador and Colombia who are U.S. citizens or lawful permanent residents and who have gotten approval for their petitions to bring over immediate family members.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The U.S. government said eligible people will receive an invitation to participate. The government will provide advance travel authorization for individuals who are approved, and people will be eligible to apply for authorization to work in the United States while they wait for their immigrant visas.\u003c/p>\n\u003cp>[aside postID=\"news_11944375,news_11946255,news_11941677\" label=\"Related Posts\"]The administration said more information will be released in mid-June.\u003c/p>\n\u003cp>It’s unclear whether there will be age restrictions. Generally immigrants and refugees in the U.S. have been allowed to petition only for immediate family members, such as a spouse or child. To be considered a child, the person must be unmarried and under 21 years of age. All other family members such as siblings, cousins and adult children are not eligible for family reunion.\u003c/p>\n\u003cp>Immigration attorneys say some immigrants have been waiting for years to be reunited with their spouses and children.\u003c/p>\n\u003ch2>Why 100,000?\u003c/h2>\n\u003cp>It’s unclear why the administration has said it intends to welcome as many as \u003ca href=\"https://apnews.com/article/border-immigration-biden-mexico-a0b8f4730521d90fd5ea305e2f2cbc5e\">100,000 people from Honduras, Guatemala and El Salvador\u003c/a> under the family reunification parole processes.\u003c/p>\n\u003cp>Julia Gelatt of the Migration Policy Institute said U.S. State Department data shows that at least 284,000 Latin Americans have filed family sponsorship petitions. That includes 78,000 Salvadorans, and up to 57,000 Hondurans, 58,000 Guatemalans and 56,000 Colombians.\u003c/p>\n\u003cp>But it’s unclear whether those waiting have since found other options, she said.\u003c/p>\n\u003cp>Immigration attorney Sarah Gavigan, who works at the Central American Resource Center, or Carecen, in San Francisco, also wondered whether 100,000 reflects the actual number of backlogged family petitions from those countries.\u003c/p>\n\u003cp>Gavigan applauded the creation of a new family reunification program, while criticizing other Biden administration rules that she says penalize people fleeing harm who go to the border to apply for asylum.\u003c/p>\n\u003ch2>Will it mirror other humanitarian programs offered recently?\u003c/h2>\n\u003cp>Immigration attorneys believe the new family reunification parole program is the latest effort of a model that started when \u003ca href=\"https://apnews.com/article/biden-immigration-ukraine-border-af1fb374771da55b83d88a1598621a84\">the United States brought in 100,000 Ukrainians following Russia’s 2022 invasion of the country\u003c/a>.\u003c/p>\n\u003cp>The program required Ukrainians to apply online, have a financial backer and enter through an airport, while officials turned back Ukrainians who arrived on foot at the U.S. border.\u003c/p>\n\u003cp>After that effort was successful, the administration in January extended humanitarian parole to other people fleeing their homelands and who were showing up at the U.S. border in record numbers. In January, the government announced it would bring in up to 30,000 people each month from four nations: Nicaragua, Venezuela, Cuba and Haiti.\u003c/p>\n\u003cp>Mayorkas said after those legal options were put into place, the government saw a 95% drop in the number of encounters U.S. border officials had with migrants of those four nationalities.\u003c/p>\n\u003cp>Most of the parole programs allow in people for a limited time, but attorneys say people permitted to come to the U.S. for family reunification can apply for permanent residency.\u003c/p>\n\u003ch2>Are plans underway to help more families reunite?\u003c/h2>\n\u003cp>Yes. The U.S. Department of Homeland Security has announced it is restarting and broadening family reunification parole programs for Haitians and Cubans to allow vetted individuals with already approved family-based petitions to be allowed into the United States, on a case-by-case basis. The government said the program would be for the immediate family members of Haitian and \u003ca href=\"https://apnews.com/article/travel-cuba-caribbean-united-states-657d5915076ec4d618f1064f407453a5\">Cuban immigrants in the United States\u003c/a>. The government will invite people to participate.\u003c/p>\n\u003cp>It’s unclear whether the government plans to eliminate the need for a consular interview. Allen Orr Jr., who has worked extensively with Haitians applying for parole, said that would be key since most Haitians cannot get to interviews at the U.S. embassy due to the country’s instability and widespread violence.\u003c/p>\n\u003cp>Orr called the efforts an important step in the right direction. But he said comprehensive immigration reform from Congress is ultimately needed to solve the problem.\u003c/p>\n\u003cp>“It’s wonderful, but it’s very much a bucket emptying the ocean,” he said. “It’s not a sweeping thing that is going to modify the amount of people showing up at the border. It gives the administration another lever, but it isn’t going to overall change the immigration system.”\u003c/p>\n\u003ch2>What do critics say?\u003c/h2>\n\u003cp>Immigration attorney Curtis Morrison said only time will tell if the administration makes good on its promise.\u003c/p>\n\u003cp>His firm represents 3,000 people from the Middle East and Asia who have applied for similar family reunification parole programs, and have ended up waiting years. The process was supposed to take six to nine months, he said.\u003c/p>\n\u003cp>Part of the problem, he said, is a lack of government staff able to process the applications.\u003c/p>\n\u003cp>“I have a hard time taking the Biden administration seriously when they talk about expanding family reunification programs,” he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Under the current wait time, a father who is a U.S. citizen or green card holder and is trying to bring over his wife and baby from a country like Pakistan might not be reunited with them until the child is entering kindergarten, he said.\u003c/p>\n\n","blocks":[],"excerpt":"President Joe Biden's administration has promised to offer more legal options for Latin American migrants to come to the United States to be reunited with their families.","status":"publish","parent":0,"modified":1683764291,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1127},"headData":{"title":"At Least 100,000 Latin Americans Will Be Allowed to Reunite With Families in US | KQED","description":"President Joe Biden's administration has promised to offer more legal options for Latin American migrants to come to the United States to be reunited with their families.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"At Least 100,000 Latin Americans Will Be Allowed to Reunite With Families in US","datePublished":"2023-05-11T00:18:11.000Z","dateModified":"2023-05-11T00:18:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Julie Watson\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11949056/at-least-100000-latin-americans-will-be-allowed-to-reunite-with-families-in-us","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As President Joe Biden’s \u003ca href=\"https://apnews.com/article/migrants-mexico-border-asylum-title-42-4a4c55366e42b53f266ff88a8602dd0d\">administration prepares for the end of asylum restrictions\u003c/a> related to the COVID-19 pandemic, it is offering some new legal options for people — especially families — to come to the United States.\u003c/p>\n\u003cp>The administration said it will admit at least 100,000 Latin Americans seeking to reunite with family members in the United States, but it has released almost no details. The plan was announced as restrictions tied to a public health law, known as \u003ca href=\"https://apnews.com/article/immigration-biden-border-title-42-mexico-asylum-be4e0b15b27adb9bede87b9bbefb798d\">Title 42,\u003c/a> were set to expire Thursday.\u003c/p>\n\u003cp>Here is a look at the new legal pathway for Latin Americans to join their relatives in the United States:\u003c/p>\n\u003ch2>How would people apply?\u003c/h2>\n\u003cp>During a recent visit to the border city of Brownsville, Texas, U.S. Secretary of Homeland Security Alejandro N. Mayorkas said people would apply for permission to join their families in the United States at regional processing centers. The government plans to open 100 such hubs across the Western hemisphere, with the first ones starting in Guatemala and Colombia.\u003c/p>\n\u003cp>The centers will handle requests for family reunification parole, Mayorkas said, along with applications for the U.S. refugee program and humanitarian parole for those deemed to be particularly vulnerable, which is decided on a case-by-case basis.\u003c/p>\n\u003ch2>Who will be eligible?\u003c/h2>\n\u003cp>The new family reunification parole program is for immigrants from Honduras, Guatemala, El Salvador and Colombia who are U.S. citizens or lawful permanent residents and who have gotten approval for their petitions to bring over immediate family members.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The U.S. government said eligible people will receive an invitation to participate. The government will provide advance travel authorization for individuals who are approved, and people will be eligible to apply for authorization to work in the United States while they wait for their immigrant visas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11944375,news_11946255,news_11941677","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The administration said more information will be released in mid-June.\u003c/p>\n\u003cp>It’s unclear whether there will be age restrictions. Generally immigrants and refugees in the U.S. have been allowed to petition only for immediate family members, such as a spouse or child. To be considered a child, the person must be unmarried and under 21 years of age. All other family members such as siblings, cousins and adult children are not eligible for family reunion.\u003c/p>\n\u003cp>Immigration attorneys say some immigrants have been waiting for years to be reunited with their spouses and children.\u003c/p>\n\u003ch2>Why 100,000?\u003c/h2>\n\u003cp>It’s unclear why the administration has said it intends to welcome as many as \u003ca href=\"https://apnews.com/article/border-immigration-biden-mexico-a0b8f4730521d90fd5ea305e2f2cbc5e\">100,000 people from Honduras, Guatemala and El Salvador\u003c/a> under the family reunification parole processes.\u003c/p>\n\u003cp>Julia Gelatt of the Migration Policy Institute said U.S. State Department data shows that at least 284,000 Latin Americans have filed family sponsorship petitions. That includes 78,000 Salvadorans, and up to 57,000 Hondurans, 58,000 Guatemalans and 56,000 Colombians.\u003c/p>\n\u003cp>But it’s unclear whether those waiting have since found other options, she said.\u003c/p>\n\u003cp>Immigration attorney Sarah Gavigan, who works at the Central American Resource Center, or Carecen, in San Francisco, also wondered whether 100,000 reflects the actual number of backlogged family petitions from those countries.\u003c/p>\n\u003cp>Gavigan applauded the creation of a new family reunification program, while criticizing other Biden administration rules that she says penalize people fleeing harm who go to the border to apply for asylum.\u003c/p>\n\u003ch2>Will it mirror other humanitarian programs offered recently?\u003c/h2>\n\u003cp>Immigration attorneys believe the new family reunification parole program is the latest effort of a model that started when \u003ca href=\"https://apnews.com/article/biden-immigration-ukraine-border-af1fb374771da55b83d88a1598621a84\">the United States brought in 100,000 Ukrainians following Russia’s 2022 invasion of the country\u003c/a>.\u003c/p>\n\u003cp>The program required Ukrainians to apply online, have a financial backer and enter through an airport, while officials turned back Ukrainians who arrived on foot at the U.S. border.\u003c/p>\n\u003cp>After that effort was successful, the administration in January extended humanitarian parole to other people fleeing their homelands and who were showing up at the U.S. border in record numbers. In January, the government announced it would bring in up to 30,000 people each month from four nations: Nicaragua, Venezuela, Cuba and Haiti.\u003c/p>\n\u003cp>Mayorkas said after those legal options were put into place, the government saw a 95% drop in the number of encounters U.S. border officials had with migrants of those four nationalities.\u003c/p>\n\u003cp>Most of the parole programs allow in people for a limited time, but attorneys say people permitted to come to the U.S. for family reunification can apply for permanent residency.\u003c/p>\n\u003ch2>Are plans underway to help more families reunite?\u003c/h2>\n\u003cp>Yes. The U.S. Department of Homeland Security has announced it is restarting and broadening family reunification parole programs for Haitians and Cubans to allow vetted individuals with already approved family-based petitions to be allowed into the United States, on a case-by-case basis. The government said the program would be for the immediate family members of Haitian and \u003ca href=\"https://apnews.com/article/travel-cuba-caribbean-united-states-657d5915076ec4d618f1064f407453a5\">Cuban immigrants in the United States\u003c/a>. The government will invite people to participate.\u003c/p>\n\u003cp>It’s unclear whether the government plans to eliminate the need for a consular interview. Allen Orr Jr., who has worked extensively with Haitians applying for parole, said that would be key since most Haitians cannot get to interviews at the U.S. embassy due to the country’s instability and widespread violence.\u003c/p>\n\u003cp>Orr called the efforts an important step in the right direction. But he said comprehensive immigration reform from Congress is ultimately needed to solve the problem.\u003c/p>\n\u003cp>“It’s wonderful, but it’s very much a bucket emptying the ocean,” he said. “It’s not a sweeping thing that is going to modify the amount of people showing up at the border. It gives the administration another lever, but it isn’t going to overall change the immigration system.”\u003c/p>\n\u003ch2>What do critics say?\u003c/h2>\n\u003cp>Immigration attorney Curtis Morrison said only time will tell if the administration makes good on its promise.\u003c/p>\n\u003cp>His firm represents 3,000 people from the Middle East and Asia who have applied for similar family reunification parole programs, and have ended up waiting years. The process was supposed to take six to nine months, he said.\u003c/p>\n\u003cp>Part of the problem, he said, is a lack of government staff able to process the applications.\u003c/p>\n\u003cp>“I have a hard time taking the Biden administration seriously when they talk about expanding family reunification programs,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the current wait time, a father who is a U.S. citizen or green card holder and is trying to bring over his wife and baby from a country like Pakistan might not be reunited with them until the child is entering kindergarten, he said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11949056/at-least-100000-latin-americans-will-be-allowed-to-reunite-with-families-in-us","authors":["byline_news_11949056"],"categories":["news_8"],"tags":["news_32721","news_29052","news_32722","news_22226"],"featImg":"news_11949073","label":"news"},"news_11886227":{"type":"posts","id":"news_11886227","meta":{"index":"posts_1591205157","site":"news","id":"11886227","score":null,"sort":[1629937901000]},"guestAuthors":[],"slug":"like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","publishDate":1629937901,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I have to keep opening up the trunk and pulling out those memories.'[/pullquote]\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Homeland Security Secretary Alejandro Mayorkas\"]'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'[/pullquote]\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"asylum-seeker\"]\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dulce Garcia, Director of Border Angels\"]'If we're going to rework the system, I think there are better ways to do so.'[/pullquote]\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"Immigration Stories\" tag=\"immigration\"]\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I wish that whatever’s going to happen, would just happen.'[/pullquote]\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","status":"publish","parent":0,"modified":1630015506,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2176},"headData":{"title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma | KQED","description":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","datePublished":"2021-08-26T00:31:41.000Z","dateModified":"2021-08-26T22:05:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11886227 https://ww2.kqed.org/news/?p=11886227","disqusUrl":"https://ww2.kqed.org/news/2021/08/25/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma/","disqusTitle":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/51991678-2330-4fd4-99ae-ad90010cd8f0/audio.mp3","path":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","audioDuration":271000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I have to keep opening up the trunk and pulling out those memories.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Homeland Security Secretary Alejandro Mayorkas","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"asylum-seeker"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If we're going to rework the system, I think there are better ways to do so.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dulce Garcia, Director of Border Angels","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Immigration Stories ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I wish that whatever’s going to happen, would just happen.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_23087","news_29824","news_26233","news_20458","news_18538","news_2755","news_20649","news_24239","news_27626","news_29823","news_20202","news_6883","news_28316","news_22226","news_20058","news_22530","news_21628","news_26537"],"featImg":"news_11886356","label":"news_72"},"news_11883227":{"type":"posts","id":"news_11883227","meta":{"index":"posts_1591205157","site":"news","id":"11883227","score":null,"sort":[1627747217000]},"guestAuthors":[],"slug":"backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","publishDate":1627747217,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Doris Meissner, Migration Policy Institute\"]'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'[/pullquote]\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"immigration-courts\"]\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"immigration\"]\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings\"]'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'[/pullquote]\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dana Leigh Marks, National Association of Immigration Judges\"]'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'[/pullquote]\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","status":"publish","parent":0,"modified":1627830880,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1784},"headData":{"title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul | KQED","description":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","datePublished":"2021-07-31T16:00:17.000Z","dateModified":"2021-08-01T15:14:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11883227 https://ww2.kqed.org/news/?p=11883227","disqusUrl":"https://ww2.kqed.org/news/2021/07/31/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul/","disqusTitle":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/354e6a2f-59a9-4aae-b6db-ad75011ce789/audio.mp3","path":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Doris Meissner, Migration Policy Institute","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"immigration-courts"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dana Leigh Marks, National Association of Immigration Judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29739","news_23087","news_20202","news_6883","news_20377","news_19267","news_29738","news_22226","news_20058","news_26537"],"featImg":"news_11883280","label":"news"},"news_11829763":{"type":"posts","id":"news_11829763","meta":{"index":"posts_1591205157","site":"news","id":"11829763","score":null,"sort":[1595295042000]},"guestAuthors":[],"slug":"federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","title":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","publishDate":1595295042,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Oakland was among the half dozen major U.S. cities that President Trump said Monday would soon see “more federal law enforcement,” while lauding the recent deployment of federal agents in Portland, Oregon.\u003c/p>\n\u003cp>The Hill \u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\">posted the comments\u003c/a> Trump made to reporters from the Oval Office.\u003c/p>\n\u003cp>“We're not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these — Oakland is a mess. We're not going to let this happen in our country,” Trump said, before noting that all of those cities are “run by liberal Democrats.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Oakland Mayor Libby Schaaf\"]'We are not experiencing any civil unrest right now. But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.'[/pullquote]\u003c/p>\n\u003cp>Trump went on to say that federal officers have done a “fantastic job” in Portland. “No problem,” he said. “They grab 'em — a lot of people in jail. Their leaders — these are anarchists, these are not protesters.”\u003c/p>\n\u003cp>Unsurprisingly, the response from Oakland leaders has been fast and furious.\u003c/p>\n\u003cp>“People have a constitutional right to protest,” East Bay Democratic Rep. Barbara Lee responded on Twitter. “Stay away from Oakland.”\u003c/p>\n\u003cp>In a quickly issued statement, Oakland Mayor Libby Schaaf said, “Oakland needs COVID relief — not troops — from our President. He should stop slandering diverse, progressive cities like Oakland in his racist dog whistles and divisive campaign tactics.\"\u003c/p>\n\u003cp>Trump's comments come after Oregon Public Broadcasting last week reported unidentified \u003ca href=\"https://www.npr.org/2020/07/17/892277592/federal-officers-use-unmarked-vehicles-to-grab-protesters-in-portland\">federal agents in camouflage and tactical gear\u003c/a> firing tear gas and non-lethal rounds at demonstrators in Portland, and pulling some protesters into unmarked vans, in an effort to quell the city's more than 50 consecutive nights of protests against racism and police brutality.\u003c/p>\n\u003cp>https://twitter.com/RepBarbaraLee/status/1285317749170896899?s=20\u003c/p>\n\u003cp>Following outcry from Portland city officials and the governor, Oregon's attorney general \u003ca href=\"https://www.npr.org/2020/07/18/892617402/oregon-to-sue-federal-agencies-over-protest-enforcement\" target=\"_blank\" rel=\"noopener noreferrer\">filed a lawsuit\u003c/a> Friday accusing officers from U.S. Customs and Border Protection and other federal agencies of violating the constitutional right of protesters, \u003ca href=\"https://www.opb.org/news/article/federal-law-enforcement-unmarked-vehicles-portland-protesters/\" target=\"_blank\" rel=\"noopener noreferrer\">OPB\u003c/a> reported.\u003c/p>\n\u003cp>\"Ordinarily, a person exercising his right to walk through the streets of Portland who is confronted by anonymous men in military-type fatigues and ordered into an unmarked van can reasonably assume that he is being kidnapped and is the victim of a crime,\" the \u003ca href=\"http://opb-imgserve-production.s3-website-us-west-2.amazonaws.com/original/ag_rosenblum_xxxx_updated_complaint_1595086491349.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> states.\u003c/p>\n\u003cp>The U.S. Justice and Homeland Security departments did not respond to requests for comment. But a recent \u003ca href=\"https://www.dhs.gov/news/2020/07/19/backgrounder-day-50-continued-violence-portland\" target=\"_blank\" rel=\"noopener noreferrer\">DHS press release\u003c/a> accused \"violent anarchists\" of laying siege to a federal courthouse over the weekend and shooting fireworks at the building, \"attempting to injure or kill federal officers.\" The perpetrators also \"attempted to blind federal officers by targeting their eyes with laser weapons,\" according to DHS statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Unlike in Portland, Bay Area demonstrations against police violence have subsided in recent weeks.\u003c/p>\n\u003cp>“We are not experiencing any civil unrest right now,\" Schaaf said in her statement. \"But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.”\u003c/p>\n\u003cp>The Oakland Police Department \"has not, nor would we, request federal assistance to address crowd management within our city,\" a department spokeswoman said in an emailed response.\u003c/p>\n\u003cp>[aside label=\"more protest coverage\" tag=\"george-floyd\"]But the exact role of the\u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\" target=\"_blank\" rel=\"noopener noreferrer\"> 175 federal agents\u003c/a> that Trump threatened to deploy is unclear. In his remarks Monday, Trump cited spikes in violent crime in New York and Chicago. Oakland, too, has seen a rise in homicides and shootings compared to this time last year, according to the Police Department.\u003c/p>\n\u003cp>Federal assistance for violent crime investigations is nothing new. The FBI, for example, has long assisted OPD with homicide investigations. But that's a different role than crowd management, and arresting people for vandalism is unlikely to affect murder rates.\u003c/p>\n\u003cp>California Democratic Sen. Kamala Harris was among seven U.S. lawmakers who introduced legislation Monday to curtail some of the federal enforcement tactics seen in Portland.\u003c/p>\n\u003cp>The legislation, introduced as an amendment to the National Defense Authorization Act, would require federal officers to be clearly identified and limit their crowd control activities to federal property. It would also require public notice within 24 hours when agents are deployed, including the reason for their deployment.\u003c/p>\n\u003cp>“Donald Trump is ordering unidentified law enforcement to violate Americans’ civil rights,” Harris said in a statement. “These actions are those of an authoritarian regime and do not represent who we are as a nation. I call on my colleagues in the Senate to pass this measure immediately — we are better than this.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Trump included Oakland in a list of cities he said would soon see 'more federal law enforcement,' while praising the controversial tactics of federal officers in Portland.","status":"publish","parent":0,"modified":1595361679,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":793},"headData":{"title":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats' | KQED","description":"Trump included Oakland in a list of cities he said would soon see 'more federal law enforcement,' while praising the controversial tactics of federal officers in Portland.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","datePublished":"2020-07-21T01:30:42.000Z","dateModified":"2020-07-21T20:01:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11829763 https://ww2.kqed.org/news/?p=11829763","disqusUrl":"https://ww2.kqed.org/news/2020/07/20/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks/","disqusTitle":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/1d0a73fb-c2e5-4ea7-a6b2-abff011446f3/audio.mp3","path":"/news/11829763/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","audioDuration":68000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oakland was among the half dozen major U.S. cities that President Trump said Monday would soon see “more federal law enforcement,” while lauding the recent deployment of federal agents in Portland, Oregon.\u003c/p>\n\u003cp>The Hill \u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\">posted the comments\u003c/a> Trump made to reporters from the Oval Office.\u003c/p>\n\u003cp>“We're not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these — Oakland is a mess. We're not going to let this happen in our country,” Trump said, before noting that all of those cities are “run by liberal Democrats.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are not experiencing any civil unrest right now. But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Oakland Mayor Libby Schaaf","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Trump went on to say that federal officers have done a “fantastic job” in Portland. “No problem,” he said. “They grab 'em — a lot of people in jail. Their leaders — these are anarchists, these are not protesters.”\u003c/p>\n\u003cp>Unsurprisingly, the response from Oakland leaders has been fast and furious.\u003c/p>\n\u003cp>“People have a constitutional right to protest,” East Bay Democratic Rep. Barbara Lee responded on Twitter. “Stay away from Oakland.”\u003c/p>\n\u003cp>In a quickly issued statement, Oakland Mayor Libby Schaaf said, “Oakland needs COVID relief — not troops — from our President. He should stop slandering diverse, progressive cities like Oakland in his racist dog whistles and divisive campaign tactics.\"\u003c/p>\n\u003cp>Trump's comments come after Oregon Public Broadcasting last week reported unidentified \u003ca href=\"https://www.npr.org/2020/07/17/892277592/federal-officers-use-unmarked-vehicles-to-grab-protesters-in-portland\">federal agents in camouflage and tactical gear\u003c/a> firing tear gas and non-lethal rounds at demonstrators in Portland, and pulling some protesters into unmarked vans, in an effort to quell the city's more than 50 consecutive nights of protests against racism and police brutality.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1285317749170896899"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Following outcry from Portland city officials and the governor, Oregon's attorney general \u003ca href=\"https://www.npr.org/2020/07/18/892617402/oregon-to-sue-federal-agencies-over-protest-enforcement\" target=\"_blank\" rel=\"noopener noreferrer\">filed a lawsuit\u003c/a> Friday accusing officers from U.S. Customs and Border Protection and other federal agencies of violating the constitutional right of protesters, \u003ca href=\"https://www.opb.org/news/article/federal-law-enforcement-unmarked-vehicles-portland-protesters/\" target=\"_blank\" rel=\"noopener noreferrer\">OPB\u003c/a> reported.\u003c/p>\n\u003cp>\"Ordinarily, a person exercising his right to walk through the streets of Portland who is confronted by anonymous men in military-type fatigues and ordered into an unmarked van can reasonably assume that he is being kidnapped and is the victim of a crime,\" the \u003ca href=\"http://opb-imgserve-production.s3-website-us-west-2.amazonaws.com/original/ag_rosenblum_xxxx_updated_complaint_1595086491349.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> states.\u003c/p>\n\u003cp>The U.S. Justice and Homeland Security departments did not respond to requests for comment. But a recent \u003ca href=\"https://www.dhs.gov/news/2020/07/19/backgrounder-day-50-continued-violence-portland\" target=\"_blank\" rel=\"noopener noreferrer\">DHS press release\u003c/a> accused \"violent anarchists\" of laying siege to a federal courthouse over the weekend and shooting fireworks at the building, \"attempting to injure or kill federal officers.\" The perpetrators also \"attempted to blind federal officers by targeting their eyes with laser weapons,\" according to DHS statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Unlike in Portland, Bay Area demonstrations against police violence have subsided in recent weeks.\u003c/p>\n\u003cp>“We are not experiencing any civil unrest right now,\" Schaaf said in her statement. \"But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.”\u003c/p>\n\u003cp>The Oakland Police Department \"has not, nor would we, request federal assistance to address crowd management within our city,\" a department spokeswoman said in an emailed response.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more protest coverage ","tag":"george-floyd"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the exact role of the\u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\" target=\"_blank\" rel=\"noopener noreferrer\"> 175 federal agents\u003c/a> that Trump threatened to deploy is unclear. In his remarks Monday, Trump cited spikes in violent crime in New York and Chicago. Oakland, too, has seen a rise in homicides and shootings compared to this time last year, according to the Police Department.\u003c/p>\n\u003cp>Federal assistance for violent crime investigations is nothing new. The FBI, for example, has long assisted OPD with homicide investigations. But that's a different role than crowd management, and arresting people for vandalism is unlikely to affect murder rates.\u003c/p>\n\u003cp>California Democratic Sen. Kamala Harris was among seven U.S. lawmakers who introduced legislation Monday to curtail some of the federal enforcement tactics seen in Portland.\u003c/p>\n\u003cp>The legislation, introduced as an amendment to the National Defense Authorization Act, would require federal officers to be clearly identified and limit their crowd control activities to federal property. It would also require public notice within 24 hours when agents are deployed, including the reason for their deployment.\u003c/p>\n\u003cp>“Donald Trump is ordering unidentified law enforcement to violate Americans’ civil rights,” Harris said in a statement. “These actions are those of an authoritarian regime and do not represent who we are as a nation. I call on my colleagues in the Senate to pass this measure immediately — we are better than this.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11829763/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_22185","news_17725","news_1323","news_27626","news_28031","news_6905","news_18","news_416","news_28283","news_22226","news_20058"],"featImg":"news_11823867","label":"news"},"news_11828006":{"type":"posts","id":"news_11828006","meta":{"index":"posts_1591205157","site":"news","id":"11828006","score":null,"sort":[1594299601000]},"guestAuthors":[],"slug":"bay-area-teen-awaits-ruling-on-humanitarian-protections-for-mom-and-other-immigrants","title":"Bay Area Teen Awaits Ruling on Humanitarian Protections for Mom and Other Immigrants","publishDate":1594299601,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Before the pandemic, Crista Ramos, 16, devoted her weekends to soccer practice and games around the Bay Area with her team, the Richmond Lionesses.\u003c/p>\n\u003cp>All that was canceled due to the coronavirus. Now, Ramos spends her days at home in San Pablo, with her parents and 13-year-old brother. But far from regretting it, Ramos said she is grateful.\u003c/p>\n\u003cp>\"We are trying to look on the bright side of things,\" Ramos said, a high school junior who was born and raised in the Bay Area. \"The coronavirus has given us more time to be home, as a family. So we’ve had more time to do things together.\"\u003c/p>\n\u003cp>Ramos is painfully aware that her family may not be able to stay together. She is one of roughly 300,000 United States citizen children whose parents could face deportation if the Trump administration prevails in a legal fight over humanitarian protections known as Temporary Protected Status or TPS.\u003c/p>\n\u003cp>And Ramos is the lead plaintiff in the class-action lawsuit, \u003ca href=\"https://www.aclusocal.org/en/cases/ramos-v-nielsen\" target=\"_blank\" rel=\"noopener noreferrer\">Ramos v. Nielsen\u003c/a>, aiming to stop the Trump administration from ending TPS for more than \u003ca href=\"https://www.everycrsreport.com/files/20200401_RS20844_91460572a0f416f013d508c6afb7a68f60a29b80.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">400,000 immigrants\u003c/a> nationwide, including Ramos' mother.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A three-judge panel at the 9th Circuit Court of Appeals is expected to issue a ruling any day now on whether those TPS holders can continue to live and work in this country while the merits of the case are decided.\u003c/p>\n\u003cp>\"We've been waiting in this limbo of not knowing what's going to happen with our families,\" Ramos said. \"Now, we are getting more anxious because it's been months since the last court hearing, and we haven’t heard anything back.\"\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"temporary-protected-status\"]\u003c/p>\n\u003cp>Congress created the TPS program in 1990 to provide humanitarian relief to immigrants who couldn’t return safely to countries torn by war and natural disasters.\u003c/p>\n\u003cp>The secretary of the Department of Homeland Security can designate a country for TPS for periods of six to 18 months, and extend the protections after periodic review. Immigrants from El Salvador who were already here when TPS was first granted, like Ramos' mother, have been eligible for the protections for 19 years.\u003c/p>\n\u003cp>But starting in 2017, the Trump administration terminated the protections for six countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.\u003c/p>\n\u003cp>Trump officials claim TPS is no longer needed because the initial earthquakes and other conditions that led to the designations have been resolved.\u003c/p>\n\u003cp>During court hearings, plaintiff attorneys argued that past administrations looked more broadly at the potentially dangerous conditions of a country and whether it could safely absorb a large number of deportees, to determine whether to continue TPS for that country’s nationals in the U.S.\u003c/p>\n\u003cp>A federal judge in San Francisco issued an injunction, \u003ca href=\"https://www.kqed.org/news/11694816/judge-in-san-francisco-could-preserve-humanitarian-immigrant-protections-for-now\" target=\"_blank\" rel=\"noopener noreferrer\">blocking\u003c/a> the administration from ending the program while the case is decided. Now Ramos and thousands of others are looking to the 9th Circuit to keep that injunction in place.\u003c/p>\n\u003cfigure id=\"attachment_11828010\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11828010\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Crista Ramos spends time with her mother Cristina Morales, father Edgar Ramos and brother Diego at Marina Park in Richmond on July 7, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But Ramos and her family are finding hope in another court ruling that favored hundreds of thousands of immigrants brought to the U.S. illegally as children. Last month, the U.S. Supreme Court ruled that the Trump administration didn’t follow the law when it tried to end Deferred Action for Childhood Arrivals or DACA.\u003c/p>\n\u003cp>\"The Supreme Court decision on DACA, it made me feel like I was the one who was winning the case,\" said Cristina Morales, 39, Crista’s mother and also a plaintiff in the TPS lawsuit. “Very strong. Very happy.”\u003c/p>\n\u003cp>Like the DACA recipients, TPS plaintiffs argue that the Trump administration ended the relief unlawfully because officials failed to adequately consider the impact on the families, investments and jobs of so many people.\u003c/p>\n\u003cp>The Supreme Court’s opinion should make it easier for lower courts to find that the government acted arbitrarily and capriciously when it revoked TPS, said Kevin Johnson, dean of the University of California, Davis School of Law.\u003c/p>\n\u003cp>\"I think the DACA decision will have a very significant impact on the way that the 9th Circuit looks at this case,\" Johnson said.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Kevin Johnson, UC Davis School of Law\"]'I think the DACA decision will have a very significant impact on the way that the 9th Circuit looks at this case.'[/pullquote]\u003c/p>\n\u003cp>Another argument shared by plaintiffs in both cases is that the Trump administration was motivated by racial animus against non-white immigrants. The Supreme Court majority said DACA plaintiffs lacked enough evidence to win on this “equal protection” claim.\u003c/p>\n\u003cp>But Johnson believes Ramos and the other TPS plaintiffs have stronger evidence than the DACA recipients had.\u003c/p>\n\u003cp>In January of 2018, shortly after ending TPS for immigrants from El Salvador and Haiti, Trump referred to them as coming from “shithole countries,” in a meeting with lawmakers at the Oval Office. Trump also suggested he would prefer more immigrants from predominantly white countries such as Norway.\u003c/p>\n\u003cp>“That sounds like racial animus,” Johnson said.\u003c/p>\n\u003cp>If the 9th Circuit sides with the administration, impacted TPS holders would lose their work permits on Jan. 4, 2021. Four months after the appeals court rules, immigrants from Honduras, Nepal, Nicaragua and Sudan would completely lose their protections, while Salvadorans would have at least a year, according to the \u003ca href=\"https://www.uscis.gov/news/alerts/dhs-extends-tps-documentation-six-countries\" target=\"_blank\" rel=\"noopener noreferrer\">Department of Homeland Security\u003c/a>. Haitians are also waiting on a ruling in a second lawsuit, but if they lose that as well, they would become deportable after 120 days.\u003c/p>\n\u003cp>For Ramos, and her brother, Diego, keeping their mother in the country has become even more important since last summer. Diego was diagnosed with a rare, slow-growing cancer, angiomatoid fibrous histiocytoma, that is treated with surgery.\u003c/p>\n\u003cp>Diego has undergone three surgeries to remove tumors, and more could be needed, Ramos said.\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Crista Ramos, plaintiff\"]'If my mom had to go back to El Salvador, she wouldn't be able to be here for her son. It'd be difficult, not only in terms of trauma, but his health now depends on it.'[/pullquote]\u003c/p>\n\u003cp>\"If my mom had to go back to El Salvador, she wouldn't be able to be here for her son,\" Ramos said. \"It'd be difficult, not only in terms of trauma, but his health now depends on it.\"\u003c/p>\n\u003cp>Her brother’s illness has motivated Ramos to work even harder to find a lasting way for her family to stay together, such as joining a years-long battle to push Congress to grant TPS holders a path to citizenship.\u003c/p>\n\u003cp>Last year, the U.S. House of Representatives passed a bill that would do just that: the American Dream and Promise Act, introduced by Congresswoman Lucille Roybal-Allard (D-CA). But the Republican-controlled Senate has not taken it up yet, and Roybal-Allard blamed Senate Majority Leader Mitch McConnell for blocking the bill.\u003c/p>\n\u003cp>In the two years since she first sued the Trump administration, Ramos has become an outspoken advocate with the National TPS Alliance, starring in Facebook videos and radio shows in Spanish. She shares lessons with other TPS families that she says she learned from her mom: stay positive and keep fighting.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"I've met a lot of children who are also in this situation [of] losing their parents,\" Ramos said. \"So that's given me more courage to be able to speak out because I know that I'm not the only one in this fight.\"\u003c/p>\n\n","blocks":[],"excerpt":"Crista Ramos is the lead plaintiff in a class-action lawsuit aiming to stop the Trump administration from ending Temporary Protected Status for more than 400,000 immigrants, including her mother.","status":"publish","parent":0,"modified":1594331665,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1285},"headData":{"title":"Bay Area Teen Awaits Ruling on Humanitarian Protections for Mom and Other Immigrants | KQED","description":"Crista Ramos is the lead plaintiff in a class-action lawsuit aiming to stop the Trump administration from ending Temporary Protected Status for more than 400,000 immigrants, including her mother.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bay Area Teen Awaits Ruling on Humanitarian Protections for Mom and Other Immigrants","datePublished":"2020-07-09T13:00:01.000Z","dateModified":"2020-07-09T21:54:25.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11828006 https://ww2.kqed.org/news/?p=11828006","disqusUrl":"https://ww2.kqed.org/news/2020/07/09/bay-area-teen-awaits-ruling-on-humanitarian-protections-for-mom-and-other-immigrants/","disqusTitle":"Bay Area Teen Awaits Ruling on Humanitarian Protections for Mom and Other Immigrants","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/942b8f08-8d36-40f2-8c8d-abf2012360f3/audio.mp3","path":"/news/11828006/bay-area-teen-awaits-ruling-on-humanitarian-protections-for-mom-and-other-immigrants","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Before the pandemic, Crista Ramos, 16, devoted her weekends to soccer practice and games around the Bay Area with her team, the Richmond Lionesses.\u003c/p>\n\u003cp>All that was canceled due to the coronavirus. Now, Ramos spends her days at home in San Pablo, with her parents and 13-year-old brother. But far from regretting it, Ramos said she is grateful.\u003c/p>\n\u003cp>\"We are trying to look on the bright side of things,\" Ramos said, a high school junior who was born and raised in the Bay Area. \"The coronavirus has given us more time to be home, as a family. So we’ve had more time to do things together.\"\u003c/p>\n\u003cp>Ramos is painfully aware that her family may not be able to stay together. She is one of roughly 300,000 United States citizen children whose parents could face deportation if the Trump administration prevails in a legal fight over humanitarian protections known as Temporary Protected Status or TPS.\u003c/p>\n\u003cp>And Ramos is the lead plaintiff in the class-action lawsuit, \u003ca href=\"https://www.aclusocal.org/en/cases/ramos-v-nielsen\" target=\"_blank\" rel=\"noopener noreferrer\">Ramos v. Nielsen\u003c/a>, aiming to stop the Trump administration from ending TPS for more than \u003ca href=\"https://www.everycrsreport.com/files/20200401_RS20844_91460572a0f416f013d508c6afb7a68f60a29b80.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">400,000 immigrants\u003c/a> nationwide, including Ramos' mother.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A three-judge panel at the 9th Circuit Court of Appeals is expected to issue a ruling any day now on whether those TPS holders can continue to live and work in this country while the merits of the case are decided.\u003c/p>\n\u003cp>\"We've been waiting in this limbo of not knowing what's going to happen with our families,\" Ramos said. \"Now, we are getting more anxious because it's been months since the last court hearing, and we haven’t heard anything back.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"temporary-protected-status"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Congress created the TPS program in 1990 to provide humanitarian relief to immigrants who couldn’t return safely to countries torn by war and natural disasters.\u003c/p>\n\u003cp>The secretary of the Department of Homeland Security can designate a country for TPS for periods of six to 18 months, and extend the protections after periodic review. Immigrants from El Salvador who were already here when TPS was first granted, like Ramos' mother, have been eligible for the protections for 19 years.\u003c/p>\n\u003cp>But starting in 2017, the Trump administration terminated the protections for six countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.\u003c/p>\n\u003cp>Trump officials claim TPS is no longer needed because the initial earthquakes and other conditions that led to the designations have been resolved.\u003c/p>\n\u003cp>During court hearings, plaintiff attorneys argued that past administrations looked more broadly at the potentially dangerous conditions of a country and whether it could safely absorb a large number of deportees, to determine whether to continue TPS for that country’s nationals in the U.S.\u003c/p>\n\u003cp>A federal judge in San Francisco issued an injunction, \u003ca href=\"https://www.kqed.org/news/11694816/judge-in-san-francisco-could-preserve-humanitarian-immigrant-protections-for-now\" target=\"_blank\" rel=\"noopener noreferrer\">blocking\u003c/a> the administration from ending the program while the case is decided. Now Ramos and thousands of others are looking to the 9th Circuit to keep that injunction in place.\u003c/p>\n\u003cfigure id=\"attachment_11828010\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11828010\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43878_011_KQED_Richmond_TPS_07072020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Crista Ramos spends time with her mother Cristina Morales, father Edgar Ramos and brother Diego at Marina Park in Richmond on July 7, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But Ramos and her family are finding hope in another court ruling that favored hundreds of thousands of immigrants brought to the U.S. illegally as children. Last month, the U.S. Supreme Court ruled that the Trump administration didn’t follow the law when it tried to end Deferred Action for Childhood Arrivals or DACA.\u003c/p>\n\u003cp>\"The Supreme Court decision on DACA, it made me feel like I was the one who was winning the case,\" said Cristina Morales, 39, Crista’s mother and also a plaintiff in the TPS lawsuit. “Very strong. Very happy.”\u003c/p>\n\u003cp>Like the DACA recipients, TPS plaintiffs argue that the Trump administration ended the relief unlawfully because officials failed to adequately consider the impact on the families, investments and jobs of so many people.\u003c/p>\n\u003cp>The Supreme Court’s opinion should make it easier for lower courts to find that the government acted arbitrarily and capriciously when it revoked TPS, said Kevin Johnson, dean of the University of California, Davis School of Law.\u003c/p>\n\u003cp>\"I think the DACA decision will have a very significant impact on the way that the 9th Circuit looks at this case,\" Johnson said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think the DACA decision will have a very significant impact on the way that the 9th Circuit looks at this case.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Kevin Johnson, UC Davis School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Another argument shared by plaintiffs in both cases is that the Trump administration was motivated by racial animus against non-white immigrants. The Supreme Court majority said DACA plaintiffs lacked enough evidence to win on this “equal protection” claim.\u003c/p>\n\u003cp>But Johnson believes Ramos and the other TPS plaintiffs have stronger evidence than the DACA recipients had.\u003c/p>\n\u003cp>In January of 2018, shortly after ending TPS for immigrants from El Salvador and Haiti, Trump referred to them as coming from “shithole countries,” in a meeting with lawmakers at the Oval Office. Trump also suggested he would prefer more immigrants from predominantly white countries such as Norway.\u003c/p>\n\u003cp>“That sounds like racial animus,” Johnson said.\u003c/p>\n\u003cp>If the 9th Circuit sides with the administration, impacted TPS holders would lose their work permits on Jan. 4, 2021. Four months after the appeals court rules, immigrants from Honduras, Nepal, Nicaragua and Sudan would completely lose their protections, while Salvadorans would have at least a year, according to the \u003ca href=\"https://www.uscis.gov/news/alerts/dhs-extends-tps-documentation-six-countries\" target=\"_blank\" rel=\"noopener noreferrer\">Department of Homeland Security\u003c/a>. Haitians are also waiting on a ruling in a second lawsuit, but if they lose that as well, they would become deportable after 120 days.\u003c/p>\n\u003cp>For Ramos, and her brother, Diego, keeping their mother in the country has become even more important since last summer. Diego was diagnosed with a rare, slow-growing cancer, angiomatoid fibrous histiocytoma, that is treated with surgery.\u003c/p>\n\u003cp>Diego has undergone three surgeries to remove tumors, and more could be needed, Ramos said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If my mom had to go back to El Salvador, she wouldn't be able to be here for her son. It'd be difficult, not only in terms of trauma, but his health now depends on it.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Crista Ramos, plaintiff","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"If my mom had to go back to El Salvador, she wouldn't be able to be here for her son,\" Ramos said. \"It'd be difficult, not only in terms of trauma, but his health now depends on it.\"\u003c/p>\n\u003cp>Her brother’s illness has motivated Ramos to work even harder to find a lasting way for her family to stay together, such as joining a years-long battle to push Congress to grant TPS holders a path to citizenship.\u003c/p>\n\u003cp>Last year, the U.S. House of Representatives passed a bill that would do just that: the American Dream and Promise Act, introduced by Congresswoman Lucille Roybal-Allard (D-CA). But the Republican-controlled Senate has not taken it up yet, and Roybal-Allard blamed Senate Majority Leader Mitch McConnell for blocking the bill.\u003c/p>\n\u003cp>In the two years since she first sued the Trump administration, Ramos has become an outspoken advocate with the National TPS Alliance, starring in Facebook videos and radio shows in Spanish. She shares lessons with other TPS families that she says she learned from her mom: stay positive and keep fighting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I've met a lot of children who are also in this situation [of] losing their parents,\" Ramos said. \"So that's given me more courage to be able to speak out because I know that I'm not the only one in this fight.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11828006/bay-area-teen-awaits-ruling-on-humanitarian-protections-for-mom-and-other-immigrants","authors":["8659"],"categories":["news_1169","news_8"],"tags":["news_27626","news_20202","news_20481","news_22335","news_24242","news_22226"],"featImg":"news_11828011","label":"news"},"science_1956546":{"type":"posts","id":"science_1956546","meta":{"index":"posts_1591205157","site":"science","id":"1956546","score":null,"sort":[1581356463000]},"guestAuthors":[],"slug":"government-plans-to-expand-dna-collection-from-migrant-detainees","title":"Government Plans to Expand DNA Collection From Migrant Detainees","publishDate":1581356463,"format":"standard","headTitle":"Government Plans to Expand DNA Collection From Migrant Detainees | KQED","labelTerm":{},"content":"\u003cp>The Trump administration has launched a \u003ca href=\"https://www.federalregister.gov/documents/2019/10/22/2019-22877/dna-sample-collection-from-immigration-detainees\" target=\"_blank\" rel=\"noopener noreferrer\">pilot program\u003c/a> to collect DNA samples from migrants in two locations with plans to expand nationwide. The data is sent to the FBI and entered into a criminal database.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/privacy-pia-dhs080-detaineedna-january2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">memo\u003c/a> from the federal Department of Homeland Security says, “prompt DNA-sample collection could be essential to the detection and solution of crimes [aliens] may have committed or may commit in the United States.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Trump administration also argues collecting DNA will stop migrant adults from smuggling children across the border and falsely posing as their parents. \u003c/span>\u003c/p>\n\u003cp>Immigrant advocates counter that the program will not reduce criminal activity or help solve crimes because \u003ca href=\"https://www.npr.org/2018/05/02/607652253/studies-say-illegal-immigration-does-not-increase-violent-crime\">multiple studies\u003c/a> show that illegal immigration does not result in more lawlessness.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The U.S. Border Patrol agents are learning how to collect DNA from a training video provided by the FBI. People who refuse to submit samples could face misdemeanor charges. \u003c/span>\u003c/p>\n\u003cp>\u003cstrong>Whose DNA is Collected? \u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Federal agents are collecting cheek swabs from people as young as 14 who are in immigration custody at two U.S. locations: at the Canadian border in and around Detroit, and at the official port of entry in Eagle Pass, Texas.\u003c/span>\u003c/p>\n\u003cp>Legal permanent residents and those planning to enter the country legally will not be required to submit samples.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The pilot program began on Jan. 6 and will continue for 90 days. The government plans to expand the program nationwide. \u003c/span>\u003cspan style=\"font-weight: 400\">At present, more than 40,000 people are in medium or long term detention. About a million people circulate through immigration custody each year. \u003c/span>\u003c/p>\n\u003cp>[pullquote]“It casts Latinos as would-be criminals. The racial profiling of this program is unconscionable.” Charleen Adams, geneticist[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">People land in detention for a variety of reasons: crossing the border illegally, seeking asylum, work site raids, or overstaying a visa. Most \u003c/span>\u003cspan style=\"font-weight: 400\">detainees have \u003ca href=\"https://trac.syr.edu/immigration/reports/583/\" target=\"_blank\" rel=\"noopener noreferrer\">no criminal record\u003c/a>. However, migrants’ DNA\u003c/span>\u003cspan style=\"font-weight: 400\"> samples are registered and held in perpetuity in the FBI criminal database, the Combined Index Data System (CODIS). Historically, that archive has housed genetic information from people who have been arrested, charged or convicted in relation to serious crimes.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Privacy Concerns\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Civil rights advocates worry the expanded genetic testing compromises the privacy of people in detention and their families. Some scientists fear the information could wrongfully target a vulnerable population and lead to false criminal convictions.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Vera Eidelman, a staff lawyer with the American Civil Liberties Union’s Speech, Privacy, and Technology Project, calls the program population surveillance. She said the government could use the genetic information to locate family members or even deny people health insurance because DNA is much more powerful than a fingerprint. \u003c/span>\u003c/p>\n\u003cp>“It does not simply identify me as Vera,” Eidelman said. “It also says Vera is related to x, y and z other people. By the way, she also has the BRCA gene or other propensities for medical conditions. It is not simply about identity.”\u003c/p>\n\u003cp>However, Hank Greely, a bioethicist at Stanford University, worries less than Eidelman about these potential uses. Although it is not explicitly clear what genetic information the government will catalog, experts assume it’s the 20 markers that make up the typical DNA profile in the FBI database. This is not a detailed analysis. It’s much less information than a 23andMe or Ancestry.com test.\u003c/p>\n\u003cp>“If you had a kid at the border and wanted to know whether its father was in the CODIS database,” Greely said in an email, “you would likely get hundreds of hits, whether or not the father actually was in the database. That’s not very helpful.”\u003c/p>\n\u003cp>Greely said the government’s efforts to collect DNA are a waste of money because, in his opinion, it’s unlikely the current administration will allow many of the detainees into the country so the likelihood they’ll commit crimes here is also limited.\u003c/p>\n\u003cp>“If there is no good reason to collect personal data, including DNA data, and it isn’t being done voluntarily, then it’s unethical: some risk for no gain is not ethical,” he said.\u003c/p>\n\u003cp>\u003cstrong>\u003cspan style=\"font-weight: 400\">This is not the first time DNA collection efforts have alarmed civil rights advocates. California and other states already collect samples from anyone \u003cem>arrested\u003c/em> for a felony offense. That has helped to solve crimes, but the practice is also \u003ca href=\"https://www.governing.com/topics/public-justice-safety/tns-california-dna-supreme-court.html\" target=\"_blank\" rel=\"noopener noreferrer\">controversial\u003c/a>. \u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cb>Possible Wrongful Convictions\u003c/b>\u003c/p>\n\u003cp>Some scientists fear the program could put the wrong people behind bars because DNA is not foolproof. Someone’s DNA could end up at a crime scene they’ve never visited.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We pick it [DNA] up and we do transfer it,” said Greg Hampikian, a forensic geneticist at Boise State University. “It’s in the hair we leave behind. It’s on our clothing, cups and utensils.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DNA can pass between people at a public laundromat, on a toilet seat or even in a bag of donated clothes, and it can last for decades. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“DNA is really excellent at identifying people,” Hampikian said. “It is really poor at telling us how it got there.”\u003c/span>\u003c/p>\n\u003cp>The infamous Amanda Knox trial is an example of how DNA can snare innocent people. In 2007 in Perugia, Italy the 20-year-old American college student was accused of stabbing her UK housemate to death. Some of Knox’s DNA was found on the handle of a kitchen knife. A speck of the victim’s DNA was on the blade. Knox spent four years in prison before an appeals court released her, only to be found guilty again. Finally in 2015, after Italian DNA experts reviewed the case Knox was pronounced not guilty.\u003c/p>\n\u003cp>Most Americans find DNA evidence strongly persuasive. A 2015 \u003ca href=\"https://news.gallup.com/poll/1603/crime.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Gallup poll\u003c/a> showed that 85 percent of Americans consider DNA evidence to be very or completely convincing. Once a DNA sample is entered into a trial as evidence it is very difficult to convince a jury the accused is innocent.\u003c/p>\n\u003cp>\u003cb>Future Implications\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Charleen Adams, a geneticist at City of Hope National Medical Center in Duarte, Calif., \u003c/span>worries the program sets people up to distrust researchers. She\u003cspan style=\"font-weight: 400\"> \u003c/span>noted that people who are forced to relinquish their genetic information at the border may later refuse to volunteer for studies that could directly benefit them, like research on breast cancer in Latinas.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I feel appalled that that this would slip through without discussion because it is dangerous,” Adams said. “It casts Latinos as would-be criminals. The racial profiling of this program is unconscionable.”\u003c/span>\u003c/p>\n\u003cp>Cybersecurity, she added, is never guaranteed. If the data were to be hacked, they could be used to deny a person employment. Adams also worries about sampling errors at the border, or lab mix-ups that could lead to false negatives or false positives.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Expanded genetic-testing raises concerns about privacy and potential wrongful convictions.","status":"publish","parent":0,"modified":1704847791,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1162},"headData":{"title":"Government Plans to Expand DNA Collection From Migrant Detainees | KQED","description":"Expanded genetic-testing raises concerns about privacy and potential wrongful convictions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"Article","headline":"Government Plans to Expand DNA Collection From Migrant Detainees","datePublished":"2020-02-10T17:41:03.000Z","dateModified":"2024-01-10T00:49:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"source":"Genetic Testing","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2020/02/McCLurgDNABorder.mp3","sticky":false,"path":"/science/1956546/government-plans-to-expand-dna-collection-from-migrant-detainees","audioDuration":247000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Trump administration has launched a \u003ca href=\"https://www.federalregister.gov/documents/2019/10/22/2019-22877/dna-sample-collection-from-immigration-detainees\" target=\"_blank\" rel=\"noopener noreferrer\">pilot program\u003c/a> to collect DNA samples from migrants in two locations with plans to expand nationwide. The data is sent to the FBI and entered into a criminal database.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/privacy-pia-dhs080-detaineedna-january2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">memo\u003c/a> from the federal Department of Homeland Security says, “prompt DNA-sample collection could be essential to the detection and solution of crimes [aliens] may have committed or may commit in the United States.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Trump administration also argues collecting DNA will stop migrant adults from smuggling children across the border and falsely posing as their parents. \u003c/span>\u003c/p>\n\u003cp>Immigrant advocates counter that the program will not reduce criminal activity or help solve crimes because \u003ca href=\"https://www.npr.org/2018/05/02/607652253/studies-say-illegal-immigration-does-not-increase-violent-crime\">multiple studies\u003c/a> show that illegal immigration does not result in more lawlessness.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The U.S. Border Patrol agents are learning how to collect DNA from a training video provided by the FBI. People who refuse to submit samples could face misdemeanor charges. \u003c/span>\u003c/p>\n\u003cp>\u003cstrong>Whose DNA is Collected? \u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Federal agents are collecting cheek swabs from people as young as 14 who are in immigration custody at two U.S. locations: at the Canadian border in and around Detroit, and at the official port of entry in Eagle Pass, Texas.\u003c/span>\u003c/p>\n\u003cp>Legal permanent residents and those planning to enter the country legally will not be required to submit samples.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The pilot program began on Jan. 6 and will continue for 90 days. The government plans to expand the program nationwide. \u003c/span>\u003cspan style=\"font-weight: 400\">At present, more than 40,000 people are in medium or long term detention. About a million people circulate through immigration custody each year. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"“It casts Latinos as would-be criminals. The racial profiling of this program is unconscionable.” Charleen Adams, geneticist","name":"pullquote","attributes":{"named":{"label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">People land in detention for a variety of reasons: crossing the border illegally, seeking asylum, work site raids, or overstaying a visa. Most \u003c/span>\u003cspan style=\"font-weight: 400\">detainees have \u003ca href=\"https://trac.syr.edu/immigration/reports/583/\" target=\"_blank\" rel=\"noopener noreferrer\">no criminal record\u003c/a>. However, migrants’ DNA\u003c/span>\u003cspan style=\"font-weight: 400\"> samples are registered and held in perpetuity in the FBI criminal database, the Combined Index Data System (CODIS). Historically, that archive has housed genetic information from people who have been arrested, charged or convicted in relation to serious crimes.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Privacy Concerns\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Civil rights advocates worry the expanded genetic testing compromises the privacy of people in detention and their families. Some scientists fear the information could wrongfully target a vulnerable population and lead to false criminal convictions.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Vera Eidelman, a staff lawyer with the American Civil Liberties Union’s Speech, Privacy, and Technology Project, calls the program population surveillance. She said the government could use the genetic information to locate family members or even deny people health insurance because DNA is much more powerful than a fingerprint. \u003c/span>\u003c/p>\n\u003cp>“It does not simply identify me as Vera,” Eidelman said. “It also says Vera is related to x, y and z other people. By the way, she also has the BRCA gene or other propensities for medical conditions. It is not simply about identity.”\u003c/p>\n\u003cp>However, Hank Greely, a bioethicist at Stanford University, worries less than Eidelman about these potential uses. Although it is not explicitly clear what genetic information the government will catalog, experts assume it’s the 20 markers that make up the typical DNA profile in the FBI database. This is not a detailed analysis. It’s much less information than a 23andMe or Ancestry.com test.\u003c/p>\n\u003cp>“If you had a kid at the border and wanted to know whether its father was in the CODIS database,” Greely said in an email, “you would likely get hundreds of hits, whether or not the father actually was in the database. That’s not very helpful.”\u003c/p>\n\u003cp>Greely said the government’s efforts to collect DNA are a waste of money because, in his opinion, it’s unlikely the current administration will allow many of the detainees into the country so the likelihood they’ll commit crimes here is also limited.\u003c/p>\n\u003cp>“If there is no good reason to collect personal data, including DNA data, and it isn’t being done voluntarily, then it’s unethical: some risk for no gain is not ethical,” he said.\u003c/p>\n\u003cp>\u003cstrong>\u003cspan style=\"font-weight: 400\">This is not the first time DNA collection efforts have alarmed civil rights advocates. California and other states already collect samples from anyone \u003cem>arrested\u003c/em> for a felony offense. That has helped to solve crimes, but the practice is also \u003ca href=\"https://www.governing.com/topics/public-justice-safety/tns-california-dna-supreme-court.html\" target=\"_blank\" rel=\"noopener noreferrer\">controversial\u003c/a>. \u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cb>Possible Wrongful Convictions\u003c/b>\u003c/p>\n\u003cp>Some scientists fear the program could put the wrong people behind bars because DNA is not foolproof. Someone’s DNA could end up at a crime scene they’ve never visited.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We pick it [DNA] up and we do transfer it,” said Greg Hampikian, a forensic geneticist at Boise State University. “It’s in the hair we leave behind. It’s on our clothing, cups and utensils.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">DNA can pass between people at a public laundromat, on a toilet seat or even in a bag of donated clothes, and it can last for decades. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“DNA is really excellent at identifying people,” Hampikian said. “It is really poor at telling us how it got there.”\u003c/span>\u003c/p>\n\u003cp>The infamous Amanda Knox trial is an example of how DNA can snare innocent people. In 2007 in Perugia, Italy the 20-year-old American college student was accused of stabbing her UK housemate to death. Some of Knox’s DNA was found on the handle of a kitchen knife. A speck of the victim’s DNA was on the blade. Knox spent four years in prison before an appeals court released her, only to be found guilty again. Finally in 2015, after Italian DNA experts reviewed the case Knox was pronounced not guilty.\u003c/p>\n\u003cp>Most Americans find DNA evidence strongly persuasive. A 2015 \u003ca href=\"https://news.gallup.com/poll/1603/crime.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Gallup poll\u003c/a> showed that 85 percent of Americans consider DNA evidence to be very or completely convincing. Once a DNA sample is entered into a trial as evidence it is very difficult to convince a jury the accused is innocent.\u003c/p>\n\u003cp>\u003cb>Future Implications\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Charleen Adams, a geneticist at City of Hope National Medical Center in Duarte, Calif., \u003c/span>worries the program sets people up to distrust researchers. She\u003cspan style=\"font-weight: 400\"> \u003c/span>noted that people who are forced to relinquish their genetic information at the border may later refuse to volunteer for studies that could directly benefit them, like research on breast cancer in Latinas.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I feel appalled that that this would slip through without discussion because it is dangerous,” Adams said. “It casts Latinos as would-be criminals. The racial profiling of this program is unconscionable.”\u003c/span>\u003c/p>\n\u003cp>Cybersecurity, she added, is never guaranteed. If the data were to be hacked, they could be used to deny a person employment. Adams also worries about sampling errors at the border, or lab mix-ups that could lead to false negatives or false positives.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/science/1956546/government-plans-to-expand-dna-collection-from-migrant-detainees","authors":["11229"],"categories":["science_39","science_3890","science_40"],"tags":["science_305","science_3370","science_3514"],"featImg":"science_1956727","label":"source_science_1956546"},"news_11770654":{"type":"posts","id":"news_11770654","meta":{"index":"posts_1591205157","site":"news","id":"11770654","score":null,"sort":[1567024841000]},"guestAuthors":[],"slug":"u-s-moves-fema-coast-guard-money-to-fund-border-programs","title":"U.S. Moves FEMA, Coast Guard Money to Fund Border Programs","publishDate":1567024841,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>The Department of Homeland Security is moving $271 million from other agencies such as FEMA and the U.S. Coast Guard to increase the number of beds for detained immigrants and support its policy forcing asylum seekers to wait in Mexico while their cases play out.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"House Speaker Nancy Pelosi\"]'Stealing from appropriated funds is always unacceptable, but to pick the pockets of disaster relief funding in order to fund an appalling, inhumane family incarceration plan is staggering — and to do so on the eve of hurricane season is stunningly reckless.'[/pullquote]\u003c/p>\n\u003cp>The news comes as hurricane season is ramping up and Tropical Storm Dorian became a Category 1 hurricane as it struck the U.S. Virgin Islands on Wednesday, with forecasters saying it could grow to Category 3 status as it nears the U.S. mainland as early as this weekend.\u003c/p>\n\u003cp>\"Stealing from appropriated funds is always unacceptable, but to pick the pockets of disaster relief funding in order to fund an appalling, inhumane family incarceration plan is staggering — and to do so on the eve of hurricane season is stunningly reckless,\" House Speaker Nancy Pelosi said about the move.\u003c/p>\n\u003cp>The sprawling 240,000-person Homeland Security Department includes the Federal Emergency Management Agency, the Coast Guard and the new Cybersecurity and Infrastructure Security Agency in addition to immigration agencies.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It is not uncommon for unassigned funds to be transferred between agencies under the same department as the fiscal year ends. Last year around the same time, about $200 million was transferred, including $10 million from \u003ca href=\"https://apnews.com/fde43d6be2a544fab637fdce8573e1db\">FEMA that prompted major criticism\u003c/a> from Democrats.\u003c/p>\n\u003cp>Homeland Security officials said in a statement Tuesday they would transfer $155 million to create temporary facilities along the U.S.-Mexico border for holding hearings with the aim of moving asylum cases through the system faster.\u003c/p>\n\u003cp>The government has sent more than 30,000 people back to Mexico to wait out their immigration cases in an effort to deter migrants from making a dangerous journey to the U.S. and ease the crush of families from Central America that has vastly strained the system.\u003c/p>\n\u003cp>Asylum seekers generally had been released into the U.S. and allowed to work, but many Trump administration officials claim migrants take advantage of the laws and stop showing up to court. Lawyers for migrants waiting in Mexico have reported major problems reaching clients and getting them to the U.S. for their hearings. And some of the locations in Mexico where migrants are sent are \u003ca href=\"https://www.kqed.org/news/11770290/criminals-target-migrants-in-mexico-seeking-u-s-asylum\" target=\"_blank\" rel=\"noopener\">violent and unsafe\u003c/a>.\u003c/p>\n\u003cp>[aside postID=\"news_11770290,news_11730590,news_11726721,news_11758516\" label=\"The 'Remain in Mexico' Policy\"]\u003c/p>\n\u003cp>This is where the U.S. is sending migrants who have asked for asylum after crossing the Rio Grande near Laredo, Texas.\u003c/p>\n\u003cp>The money will come out of unobligated money from the base disaster relief fund at FEMA, lawmakers said.\u003c/p>\n\u003cp>Democratic House members strongly disagreed and accused DHS of going around their specific appropriations.\u003c/p>\n\u003cp>The chairwoman of the House Appropriations homeland security subcommittee, Lucille Roybal-Allard of California, said the reprogramming would support \"inhumane\" programs and take away necessary funding for other agencies.\u003c/p>\n\u003cp>\"I am greatly concerned that during the course of this administration, there has been a growing disconnect between the will of Congress ... and the implementation of the Department's immigration enforcement operations,\" she said in a statement.\u003c/p>\n\u003cp>Homeland Security officials will also transfer $116 million to fund detention bed space for U.S. Immigration and Customs Enforcement. Congress allocated 45,000 beds for detention, but as of Aug. 24, ICE was detaining 54,344 people. Congress specifically did not authorize additional ICE funding for detention beds when it approved an emergency supplemental funding request of about $1.3 billion from Homeland Security to manage the huge increase in migrants.\u003c/p>\n\u003cp>\"Given the rise of single adults crossing the border, ICE has already had to increase the number of detention beds above what Congress funded,\" according to the DHS statement. Without the funding increase, ICE can't keep up with apprehensions by Border Patrol.\u003c/p>\n\u003cp>\"This realignment of resources allows DHS to address ongoing border emergency crisis ... while minimizing the risk to overall DHS mission performance,\" according to the statement.\u003c/p>\n\u003cp>More than 860,000 people have been encountered at the Southern border this budget year, a decade-long high. Of that, 432,838 were in families — last year for the whole fiscal year there were only 107,212 in families. The increase has caused \u003ca href=\"https://www.kqed.org/news/11760738/watch-lawmakers-hold-hearing-on-migrant-detention-conditions-pence-visits-border\" target=\"_blank\" rel=\"noopener\">vast overcrowding in border facilities\u003c/a> and reports of fetid, filthy conditions and children held for weeks in temporary facilities not meant to hold anyone for longer than a few days.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As Tropical Storm Dorian approached the Caribbean and gathered strength, it threatened to turn into a small hurricane that forecasters said could affect the northern Windward Islands and Puerto Rico in upcoming days. Late Tuesday, President Donald Trump declared an emergency in Puerto Rico, ordering federal assistance to the island.\u003c/p>\n\n","blocks":[],"excerpt":"As hurricane season ramps up, the Department of Homeland Security is moving $271 million from agencies such as FEMA and the U.S. Coast Guard to increase the number of beds for detained immigrants and support its 'Remain in Mexico' policy.","status":"publish","parent":0,"modified":1567024841,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":827},"headData":{"title":"U.S. Moves FEMA, Coast Guard Money to Fund Border Programs | KQED","description":"As hurricane season ramps up, the Department of Homeland Security is moving $271 million from agencies such as FEMA and the U.S. Coast Guard to increase the number of beds for detained immigrants and support its 'Remain in Mexico' policy.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"U.S. Moves FEMA, Coast Guard Money to Fund Border Programs","datePublished":"2019-08-28T20:40:41.000Z","dateModified":"2019-08-28T20:40:41.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11770654 https://ww2.kqed.org/news/?p=11770654","disqusUrl":"https://ww2.kqed.org/news/2019/08/28/u-s-moves-fema-coast-guard-money-to-fund-border-programs/","disqusTitle":"U.S. Moves FEMA, Coast Guard Money to Fund Border Programs","source":"News","sourceUrl":"http://www.kqed.org/news/","nprByline":"Colleen Long \u003cbr> Associated Press","path":"/news/11770654/u-s-moves-fema-coast-guard-money-to-fund-border-programs","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Department of Homeland Security is moving $271 million from other agencies such as FEMA and the U.S. Coast Guard to increase the number of beds for detained immigrants and support its policy forcing asylum seekers to wait in Mexico while their cases play out.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Stealing from appropriated funds is always unacceptable, but to pick the pockets of disaster relief funding in order to fund an appalling, inhumane family incarceration plan is staggering — and to do so on the eve of hurricane season is stunningly reckless.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"House Speaker Nancy Pelosi","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The news comes as hurricane season is ramping up and Tropical Storm Dorian became a Category 1 hurricane as it struck the U.S. Virgin Islands on Wednesday, with forecasters saying it could grow to Category 3 status as it nears the U.S. mainland as early as this weekend.\u003c/p>\n\u003cp>\"Stealing from appropriated funds is always unacceptable, but to pick the pockets of disaster relief funding in order to fund an appalling, inhumane family incarceration plan is staggering — and to do so on the eve of hurricane season is stunningly reckless,\" House Speaker Nancy Pelosi said about the move.\u003c/p>\n\u003cp>The sprawling 240,000-person Homeland Security Department includes the Federal Emergency Management Agency, the Coast Guard and the new Cybersecurity and Infrastructure Security Agency in addition to immigration agencies.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It is not uncommon for unassigned funds to be transferred between agencies under the same department as the fiscal year ends. Last year around the same time, about $200 million was transferred, including $10 million from \u003ca href=\"https://apnews.com/fde43d6be2a544fab637fdce8573e1db\">FEMA that prompted major criticism\u003c/a> from Democrats.\u003c/p>\n\u003cp>Homeland Security officials said in a statement Tuesday they would transfer $155 million to create temporary facilities along the U.S.-Mexico border for holding hearings with the aim of moving asylum cases through the system faster.\u003c/p>\n\u003cp>The government has sent more than 30,000 people back to Mexico to wait out their immigration cases in an effort to deter migrants from making a dangerous journey to the U.S. and ease the crush of families from Central America that has vastly strained the system.\u003c/p>\n\u003cp>Asylum seekers generally had been released into the U.S. and allowed to work, but many Trump administration officials claim migrants take advantage of the laws and stop showing up to court. Lawyers for migrants waiting in Mexico have reported major problems reaching clients and getting them to the U.S. for their hearings. And some of the locations in Mexico where migrants are sent are \u003ca href=\"https://www.kqed.org/news/11770290/criminals-target-migrants-in-mexico-seeking-u-s-asylum\" target=\"_blank\" rel=\"noopener\">violent and unsafe\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11770290,news_11730590,news_11726721,news_11758516","label":"The 'Remain in Mexico' Policy "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This is where the U.S. is sending migrants who have asked for asylum after crossing the Rio Grande near Laredo, Texas.\u003c/p>\n\u003cp>The money will come out of unobligated money from the base disaster relief fund at FEMA, lawmakers said.\u003c/p>\n\u003cp>Democratic House members strongly disagreed and accused DHS of going around their specific appropriations.\u003c/p>\n\u003cp>The chairwoman of the House Appropriations homeland security subcommittee, Lucille Roybal-Allard of California, said the reprogramming would support \"inhumane\" programs and take away necessary funding for other agencies.\u003c/p>\n\u003cp>\"I am greatly concerned that during the course of this administration, there has been a growing disconnect between the will of Congress ... and the implementation of the Department's immigration enforcement operations,\" she said in a statement.\u003c/p>\n\u003cp>Homeland Security officials will also transfer $116 million to fund detention bed space for U.S. Immigration and Customs Enforcement. Congress allocated 45,000 beds for detention, but as of Aug. 24, ICE was detaining 54,344 people. Congress specifically did not authorize additional ICE funding for detention beds when it approved an emergency supplemental funding request of about $1.3 billion from Homeland Security to manage the huge increase in migrants.\u003c/p>\n\u003cp>\"Given the rise of single adults crossing the border, ICE has already had to increase the number of detention beds above what Congress funded,\" according to the DHS statement. Without the funding increase, ICE can't keep up with apprehensions by Border Patrol.\u003c/p>\n\u003cp>\"This realignment of resources allows DHS to address ongoing border emergency crisis ... while minimizing the risk to overall DHS mission performance,\" according to the statement.\u003c/p>\n\u003cp>More than 860,000 people have been encountered at the Southern border this budget year, a decade-long high. Of that, 432,838 were in families — last year for the whole fiscal year there were only 107,212 in families. The increase has caused \u003ca href=\"https://www.kqed.org/news/11760738/watch-lawmakers-hold-hearing-on-migrant-detention-conditions-pence-visits-border\" target=\"_blank\" rel=\"noopener\">vast overcrowding in border facilities\u003c/a> and reports of fetid, filthy conditions and children held for weeks in temporary facilities not meant to hold anyone for longer than a few days.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As Tropical Storm Dorian approached the Caribbean and gathered strength, it threatened to turn into a small hurricane that forecasters said could affect the northern Windward Islands and Puerto Rico in upcoming days. Late Tuesday, President Donald Trump declared an emergency in Puerto Rico, ordering federal assistance to the island.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11770654/u-s-moves-fema-coast-guard-money-to-fund-border-programs","authors":["byline_news_11770654"],"programs":["news_72"],"categories":["news_19906","news_1169","news_6188","news_8","news_13"],"tags":["news_23653","news_25969","news_21917","news_23978","news_26112","news_22923","news_22226","news_21038"],"featImg":"news_11770666","label":"source_news_11770654"},"news_11770836":{"type":"posts","id":"news_11770836","meta":{"index":"posts_1591205157","site":"news","id":"11770836","score":null,"sort":[1567020608000]},"guestAuthors":[],"slug":"diverting-funds-to-pay-for-indefinite-detention-at-the-border","title":"Diverting Funds to Pay for Indefinite Detention at the Border","publishDate":1567020608,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>With hurricane season here, the Department of Homeland Security is \u003ca href=\"http://bit.ly/fioreDHSdivert\" target=\"_blank\" rel=\"noopener\">diverting hundreds of millions of dollars\u003c/a> from disaster relief to Trump administration border initiatives.\u003c/p>\n\u003cp>And by \"border initiatives\" I mean establishing a system of indefinite detention for migrant children and families.\u003c/p>\n\u003cp>Who needs money for disaster relief in places like Florida when Hurricane Xenophobe is leaving its mark on the border?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"With hurricane season here, the Department of Homeland Security is diverting hundreds of millions of dollars from disaster relief to Trump administration border initiatives.","status":"publish","parent":0,"modified":1567038351,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":64},"headData":{"title":"Diverting Funds to Pay for Indefinite Detention at the Border | KQED","description":"With hurricane season here, the Department of Homeland Security is diverting hundreds of millions of dollars from disaster relief to Trump administration border initiatives.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Diverting Funds to Pay for Indefinite Detention at the Border","datePublished":"2019-08-28T19:30:08.000Z","dateModified":"2019-08-29T00:25:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11770836 https://ww2.kqed.org/news/?p=11770836","disqusUrl":"https://ww2.kqed.org/news/2019/08/28/diverting-funds-to-pay-for-indefinite-detention-at-the-border/","disqusTitle":"Diverting Funds to Pay for Indefinite Detention at the Border","path":"/news/11770836/diverting-funds-to-pay-for-indefinite-detention-at-the-border","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With hurricane season here, the Department of Homeland Security is \u003ca href=\"http://bit.ly/fioreDHSdivert\" target=\"_blank\" rel=\"noopener\">diverting hundreds of millions of dollars\u003c/a> from disaster relief to Trump administration border initiatives.\u003c/p>\n\u003cp>And by \"border initiatives\" I mean establishing a system of indefinite detention for migrant children and families.\u003c/p>\n\u003cp>Who needs money for disaster relief in places like Florida when Hurricane Xenophobe is leaving its mark on the border?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11770836/diverting-funds-to-pay-for-indefinite-detention-at-the-border","authors":["3236"],"series":["news_18515"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_26287","news_24239","news_21917","news_23546","news_26247","news_20949","news_22923","news_22226"],"featImg":"news_11770848","label":"news_18515"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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