{"id":12632,"date":"2019-11-13T18:41:15","date_gmt":"2019-11-13T23:41:15","guid":{"rendered":"http:\/\/sites.law.duq.edu\/juris\/?p=12632"},"modified":"2019-11-18T19:45:08","modified_gmt":"2019-11-19T00:45:08","slug":"u-s-border-arrests-at-an-11-year-high-due-process-concerns-as-u-s-seeks-to-expedite-migrant-deportations","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2019\/11\/13\/u-s-border-arrests-at-an-11-year-high-due-process-concerns-as-u-s-seeks-to-expedite-migrant-deportations\/","title":{"rendered":"U.S. Border Arrests at an 11-year High: Due Process Concerns as U.S. Seeks to Expedite Migrant Deportations"},"content":{"rendered":"
\"\"
Photo provided courtesy of Pixabay.<\/em><\/center><\/figcaption><\/figure>\n

By Emma Hurst, Staff Writer<\/strong><\/p>\n

In September 2019, there were 52,546 arrests at the U.S.-Mexico border, the lowest it has been this year.[1]<\/sup><\/a>\u00a0 The number of arrests decreased 64% since May, just five months prior.[2]<\/sup><\/a> However, within the fiscal year that concluded in September, border arrests reached an 11-year high at 977,509 arrests. Almost half of the number of people arrested were children or entire families at once.[3]<\/sup><\/a> According to Deputy Commissioner of U.S. Customs and Border Protection, Robert Perez, many of these families and children were being led into the U.S. by human-trafficking cartels. Perez explained, \u201cThey are profiting on the backs of this vulnerable population, and that\u2019s why it\u2019s still a crisis.\u201d[4]<\/sup><\/a><\/p>\n

A major policy focus of the Trump Administration during his presidency and for the upcoming election is the regulation of immigration. \u201cU.S. officials and immigrant advocates alike say his policies and cooperation from Mexico have contributed to four straight months of declining arrests.\u201d[5]<\/sup><\/a> Yet, critics have disagreed, often citing President Trump\u2019s policies and actions as \u201ccruel, resulting in overcrowded detention facilities and the separation of children from their parents.\u201d[6]<\/sup><\/a> These numbers have decreased in part due to actions of the Mexican government.[7]<\/sup><\/a> Pressure from the Trump administration has prompted the Mexican government to increase regulation of its southern border with Guatemala, resulting in the detention and deportation of many migrants from Central America before they are able to reach the U.S. border.[8]<\/sup><\/a><\/p>\n

These policies have sparked a growing concern over the due process rights of the asylum seekers the U.S. has targeted, most of whom are from Guatemala, Honduras, and El Salvador, some of the most impoverished and violent countries of South America.\u201d[9]<\/sup><\/a> Critics argue due process violations result from U.S. attempts to speed up the processing of asylum claims to mere days, compared to the months or years the process normally takes.[10]<\/sup><\/a><\/p>\n

Perez explained that the newer, quicker system is designed \u201cto get people through an immigration process as quickly as we possibly can, so that a judge, hopefully, makes a decision.\u201d[11]<\/sup><\/a> This pilot program launched in El Paso in early October but has yet to become widely accessible and efficient for both asylum seekers and their representatives. Immigration attorneys have claimed they have not been properly informed about the program, and their \u201cclients were placed in it without their knowledge.\u201d[12]<\/sup><\/a> Further, these attorneys claim that they only been able to reach their clients over the telephone and have not been able to meet with them in person as they go through the program.[13]<\/sup><\/a> Attorney Medla Maynard, senior immigration attorney at the Catholic Charities of Southern New Mexico explained that “the biggest problem we’re going to have with all of this is that as attorneys, we’ve never been given access to Border Patrol facilities \u2026 so, I don’t know exactly how we’re supposed to meet with clients or talk to them.\u201d[14]<\/sup><\/a><\/p>\n

Mark Morgan, the acting Commissioner of the U.S. Customs and Border Protection (CBP), states that \u201cthe average 1,400 people apprehended each day underscored a security risk,\u201d meaning that their criminal background suggests they could pose a risk to American security.[15]<\/sup><\/a> Regardless, politicians have questioned the safety of conditions after migrants are taken into custody. U.S. Representative Veronica Escobar, a Democrat from El Paso, voiced her concerns in a letter to Morgan following an informal Border Patrol briefing.[16]<\/sup><\/a> Specifically, Escobar took issue with the fact that migrants in custody have a mere 24 hours to contact an immigration lawyer.[17]<\/sup><\/a> Additionally, she emphasized the speed of the interview that will determine if there is a credible risk of prosecution, should the individual be returned to the native country.[18]<\/sup><\/a> Lastly, Escobar takes issue with the appeal process, chiefly because it is conducted by phone with an immigration judge.[19]<\/sup><\/a> Under this system, migrants so not have access to counsel during their \u201cfear of persecution\u201d interviews.[20]<\/sup><\/a> Additionally, the screenings under the experimental initiative have proven to be more difficult to pass.\u201d[21]<\/sup><\/a> Thus, under this system, the right to due process of law would be lacking.<\/p>\n

As the nation looks towards another election, immigration will undoubtedly be a major talking point in American politics. Until then, the Trump Administration will likely continue their border policies despite the fact that these arrests and detaining of migrants, including families and children, is at an 11-year high.[22]<\/sup><\/a><\/p>\n

\n

[1]<\/a> https:\/\/www.reuters.com\/article\/us-usa-immigration\/border-arrests-hit-11-year-high-u-s-seeks-to-expedite-deportations-idUSKBN1X823F<\/a><\/p>\n

[2]<\/a> Id. <\/em><\/p>\n

[3]<\/a> Id.<\/em><\/p>\n

[4]<\/a> https:\/\/www.reuters.com\/article\/us-usa-immigration\/border-arrests-hit-11-year-high-u-s-seeks-to-expedite-deportations-idUSKBN1X823F<\/a><\/p>\n

[5]<\/a> Id.<\/em><\/p>\n

[6]<\/a> Id.<\/em><\/p>\n

[7]<\/a> https:\/\/www.wsj.com\/articles\/arrests-at-u-s-southern-border-hit-highest-level-in-more-than-a-decade-11572389531<\/a><\/p>\n

[8]<\/a> Id.<\/em><\/p>\n

[9]<\/a> https:\/\/www.reuters.com\/article\/us-usa-immigration\/border-arrests-hit-11-year-high-u-s-seeks-to-expedite-deportations-idUSKBN1X823F<\/a><\/p>\n

[10]<\/a> Id. <\/em><\/p>\n

[11]<\/a> Id.<\/em><\/p>\n

[12]<\/a> Id.<\/em><\/p>\n

[13]<\/a> Id.<\/em><\/p>\n

[14]<\/a> https:\/\/www.cbsnews.com\/news\/new-trump-immigration-policy-administration-using-pilot-program-to-fast-track-deportations-of-asylum-seekers\/<\/a><\/p>\n

[15]<\/a> https:\/\/www.reuters.com\/article\/us-usa-immigration\/border-arrests-hit-11-year-high-u-s-seeks-to-expedite-deportations-idUSKBN1X823F<\/a><\/p>\n

[16]<\/a> Id.<\/em><\/p>\n

[17]<\/a> Id.<\/p>\n

[18]<\/a> Id.<\/em><\/p>\n

[19]<\/a> Id.<\/em><\/p>\n

[20]<\/a> https:\/\/www.cbsnews.com\/news\/new-trump-immigration-policy-administration-using-pilot-program-to-fast-track-deportations-of-asylum-seekers\/<\/a><\/p>\n

[21]<\/a> https:\/\/www.cbsnews.com\/news\/new-trump-immigration-policy-administration-using-pilot-program-to-fast-track-deportations-of-asylum-seekers\/<\/a><\/p>\n

[22]<\/a> https:\/\/www.reuters.com\/article\/us-usa-immigration\/border-arrests-hit-11-year-high-u-s-seeks-to-expedite-deportations-idUSKBN1X823F<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

By Emma Hurst, Staff Writer In September 2019, there were 52,546 arrests at the U.S.-Mexico border, the lowest it has been this year.[1]\u00a0 The number of arrests decreased 64% since May, just five months prior.[2] However, within the fiscal year that concluded in September, border arrests reached an 11-year high [\u2026] <\/p>\n

<\/div>\n

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