Migrants are processed by CBP at the San Ysidro Port of Entry in 2018.

Migrants are processed by CBP at the San Ysidro Port of Entry in 2018. Mani Albrecht/CBP

Thousands Of Asylum Seekers Left Waiting At The U.S.-Mexico Border

As part of a new "metering" policy, U.S. officials are turning asylum seekers away at ports of entry along the southern border. Thousands wait, straining the resources of Mexican border towns.

Over the past three months, the number of Central Americans arriving at the U.S.-Mexico border has jumped exponentially, and total border crossings have reached levels last seen in 2006.

Yet, while the number of families arriving between official border crossings has skyrocketed, the number of migrants seeking asylum at official border crossings has remained relatively constant, at around 4,200 per month.

It’s not that these families prefer to cross the Rio Grande or scale the border wall. Instead, our research shows that at least part of this pattern can be explained by a U.S. policy that has left thousands of individuals waiting to request asylum in Mexican border cities since the summer of 2018.

A shift in U.S. policy

In May 2018, U.S. Customs and Border Protection officials began a practice known as metering across the southern border.

This means that officials are stationed at official ports of entry along the border to notify arriving asylum seekers that U.S. border crossings are full due to “limited processing capacity” and they will have to wait in Mexico until space becomes available. Previously, officials processed all asylum seekers that showed up at crossings.

At the same time that the metering process began, these U.S. officials started coordinating with Mexican officials to alert them of their capacity and how many asylum seekers the ports could accept per day.

As metering spread across the border, the number of asylum seekers in Mexican border cities increased. Yet it wasn’t clear exactly how many people were left waiting. When we started our research in November, no one had reported the numbers across the entire border or how the waitlists worked.

In December, we published a report with four colleagues that documented the spread of metering along the U.S.-Mexico border and responses within Mexican border cities.

Soon after the report was published, new migration dynamics began to shift what metering looked like in these border cities, so we published an update in February and another in May.

These reports draw on dozens of interviews with Mexican government officials and civil society representatives, as well as in-person observations at ports of entry.

Our reports show that the number of people waiting in border cities to seek asylum at ports of entry has increased – from approximately 6,000 in November 2018, when the Honduran migrant caravan arrived in Tijuana, Baja California, to 19,000 in May 2019.

The increasing numbers have resulted in longer wait times along the entire border. In November 2018, most asylum seekers waited a few days or weeks for their turn on the list to request asylum at the port of entry. Now, asylum seekers wait one to two months in most cities for the chance to ask for asylum at a port of entry. In Ciudad Juárez, Chihuahua and San Luis Rio Colorado, Sonora, they wait over four months.

Waitlists

A growing numbers of Mexican border cities have developed waitlists to organize the lines of asylum seekers, coordinating with Customs and Border Protection officials on how many are accepted per day.

While all major border cities have waitlists, smaller cities now also have started their own waitlists. These lists are managed by a range of administrators, including Mexico’s National Migration Institute, state and municipal governments, civil society organizations and asylum seekers themselves.

The list logistics also vary. They may include writing name and nationality in a notebook; sending personal contact information through social media, such as a private Facebook group; or sending a Whatsapp note to the list officiator.

This lack of standardization is not only confusing for asylum seekers, but can create nontransparent processes that foster corruption. For example, we and others have heard allegations of list administrators charging bribes to add asylum seekers to their list.

The increase in the number asylum seekers and longer wait times has put a stress on shelters in Mexican border cities, which all reported to us that they were over capacity.

As a result, asylum seekers rent hotel rooms and apartments or sleep on the streets. This increases their risks for being preyed upon by organized criminals or other opportunistic actors.

Creating new issues

The nonstandard waiting list process, long wait times and security threats in Mexican border cities have pushed some individuals to cross without authorization between U.S. ports of entry to request asylum.

An October 2018 Department of Homeland Security report documented this trend, noting that metering “may have led asylum seekers at ports of entry to attempt illegal border crossings” after being turned away at ports of entry. It has also created confusion with the waitlists in Mexican border cities, as some asylum seekers do not show up for their turns.

We believe the challenges are likely to only worsen in the coming months. According to a June 7 agreement with Mexico, U.S. authorities have promised to begin sending back more people to Mexican border cities under the Migrant Protection Protocols, a program that began in January to send asylum seekers to Mexico for the duration of their U.S. asylum case proceedings.

With larger numbers of people waiting to seek asylum and others waiting during their asylum cases, Mexican border communities will likely continue to feel the strain.

The Conversation

This post originally appeared at The Conversation. Follow @ConversationUS on Twitter.

Visa applicants wait to enter the U.S. Embassy in Beijing in 2018.

Visa applicants wait to enter the U.S. Embassy in Beijing in 2018. Ng Han Guan/AP file photo

Viewpoint: Vetting Foreigners’ Facebook Feeds Won’t Make Americans Safer

The federal government wants visa applicants to cough up their social-media handles.

Late last month, the State Department rolled out new rules that require nearly all foreigners applying for U.S. visas—about 15 million people each year—to disclose the handles they’ve used over the past five years on Facebook, Twitter, Instagram, YouTube, Pinterest, Myspace, and 14 other social-media platforms. The program is unlikely to help identify people who pose a threat to the United States. It will, however, empower the U.S. government to scrape up more information than it knows what to do with. Information misconstrued by consular officers or, potentially, computer algorithms could lead to innocent people being sent into bureaucratic limbo or having their visa denied. At worst, social-media data could be used to discriminate on a large scale against particular political or religious views disfavored by Donald Trump’s administration and its successors.

 

The momentum to use social media to screen people coming to the United States has been mounting since December 2015, when media reports falsely claimed that Tashfeen Malik, who with her husband killed 14 people in San Bernardino, California, had pledged allegiance to ISIS in public Facebook posts. In fact, Malik had sent private messages that monitoring Facebook posts wouldn’t have caught. Nevertheless, the Department of Homeland Security launched several pilot programs to test the feasibility of such checks. In 2016, it added an optional question requesting social-media handles for travelers applying for visa-free admission to the United States. And the Trump administration has already required the disclosure of social-media handles from roughly 70,000 visa applicants “determined to warrant additional scrutiny.”

The new rule, though, vastly expands the universe of people affected. Unfortunately, the State Department has offered little detail about precisely how it will use the millions of identifiers that it is collecting. According to the department’s regulatory filings, consular officers could look at social-media accounts to round out other information about an applicant—for instance, what they glean from her interview and application papers. It’s not clear whether social-media data will be subjected to some type of automated system meant to flag particular words or identify suspicious connections between people. But Homeland Security—the State Department’s main partner in vetting visa applications—has experimented with systems that perform both tasks. Many other questions remain: What will happen to people who are flagged? Will they be notified of a post that troubles a consular officer and given a chance to respond to any concerns? How will any vetting system account for slang, cultural context, and humor? Does the State Department even have the language capacity to systematically review social-media posts?

The department says it needs social-media identifiers to determine whether visa applicants meet the standards for getting a visa, to root out fraud, and to “identify misrepresentations that disguise potential threats.” Of course, these are precisely the judgments that consular officers have already been making as part of the robust visa-vetting system that was built after the September 11 attacks. Anybody who has ever applied for a visa to the United States will attest that it involves a rigorous investigation. In addition to providing biographical and biometric information, applicants have to explain—and meticulously document—where they’re going, how they will pay for the trip, where they will stay, whom they know in the United States, and more. Before any people who need a visa board a flight for the United States, a consular officer probes their story and checks their information against databases of law-enforcement and intelligence information.

The burden is on applicants to prove that they meet the requirements for getting a visa. If they live in a country where documents are hard to come by, the U.S. government doesn’t relax the rules. If they come from a country where forgeries are common, consular officers will be even more vigilant.

Simply put, we already have “extreme vetting” that keeps out those who would do harm: From 2002 to 2016, the Cato Institute has calculated, one deadly terrorist made it through for every 379 million decisions authorizing a foreigner to enter the United States.

Since around 2014, officials have looked at social-media accounts in certain cases. But there is no evidence that such checks have added value. That’s according to the government’s own assessments on the usefulness of social-media monitoring. A February 2017 report from the Homeland Security’s Office of Inspector General found that the social-media-vetting pilot programs that it evaluated “lack[ed] criteria for measuring performance to ensure they meet their objectives.” Other internal assessments have shown that officers had difficulty using social media to detect fraud or to pinpoint public-safety or national-security concerns. These findings are in line with the objections to social-media vetting that the Brennan Center for Justice, where the two of us work, and dozens of other organizations and experts have also raised. Scaling up social-media checks will only multiply these problems.

While social-media screening isn’t a dependable way to identify threats, it can be used to discriminate. The United States, despite its foundational commitment to free speech, has a long history of excluding people not because they endanger the American public, but because government officials don’t like their views. In the past, it barred Charlie Chaplin, Gabriel García Márquez, and future Canadian Prime Minister Pierre Trudeau.

This concern is particularly acute under the Trump administration. Candidate Trump promised an “ideological screening test … [to] screen out any who have hostile attitudes toward our country or its principles.” His first homeland-security secretary, John Kelly, went even further when he told Congress, “We want to get on their social media with passwords. What do you do? What do you say? If they don’t want to cooperate, then they don’t come in.” Indeed, the State Department has cited one of the executive orders containing Trump’s Muslim ban as a legal ground for its massive expansion of social-media screening. Against this backdrop, it is difficult to take much comfort in the department’s assurance that social media “will not be used to deny visas based on … race, religion, ethnicity, national origin, political views, gender, or sexual orientation.”

Moreover, the legal basis that the State Department cites means social-media information could be shared with foreign governments. It is not hard to imagine how repressive countries with which the United States shares intelligence—for instance, Saudi Arabia—could use social-media handles to identify and target activists and protesters.

Two years ago, the Supreme Court recognized the importance of social media as “for many … the principal sources for … speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge.” But when people think the government is watching, they self-censor and avoid saying things that may be regarded as controversial. Regardless of whether a consular official or an algorithm is doing the vetting, the State Department’s policy imposes real costs to free expression and democratic engagement across the globe. At a time when these basic freedoms are under attack in many countries, the push to gather and vet what people say online sends the message that America isn’t committed to these core principles.