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Supreme Court weighs policy for migrants to remain inside Mexico

Supreme Court weighs policy for migrants to remain inside Mexico

TIJUANA, Mexico (AP) — When a woman gashed her lower limb inside mountains inhabited by snakes with every one other accompanied by scorpions, she told Joel Úbeda to lay clasp of her 5-year-old daughter. Úbeda refused to permit the mother die, in malice of the advice of their smuggler with every one other accompanied by another migrant inside a category of seven, with every one other accompanied by helped convey her to safety by shining a looking glass inside sunlight to banner a U.S. Customs with every one other accompanied by Border Protection helicopter near San Diego.

The motorcycle mechanic, who used his house inside Nicaragua while collateral for a $6,500 smuggling fee, says the worst day of his existence was yet to come.

Arrested following the encounter accompanied by U.S. agents, Úbeda learned set of two days subsequent that he could not pursue asylum inside the United States while living accompanied by a cousin inside Miami. Instead, he would have to remain inside the Mexican border city of Tijuana for hearings inside U.S. immigration court of rules and regulations under a Trump-era policy that will exist argued Tuesday earlier to the U.S. Supreme Court.

President Joe Biden halted the "Remain inside Mexico" policy his earliest day inside office. A judge forced him to reinstate it inside December, nevertheless hardly 3,000 migrants were enrolled by the extremity of March, making little impact throughout a time when authorities stopped migrants concerning 700,000 times at the border.

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Úbeda, exist fond of numerous migrants at a Tijuana shelter, had never heard of the policy, officially called "Migrant Protection Protocols." It was widely known under President Donald Trump, who enrolled concerning 70,000 migrants following launching it inside 2019 with every one other accompanied by making it a centerpiece of efforts to deter asylum-seekers.

"It's a terrifying experience," Úbeda said following a telephone call accompanied by his mother to believe concerning whether to return to Nicaragua to reunite accompanied by her, his spouse with every one other accompanied by his daughter. He was perplexed that a vast majority of Nicaraguans are released inside the U.S. to pursue asylum, including the woman he saved with every one other accompanied by her daughter.

Nearly 2,200 asylum-seekers, or 73% of those enrolled into and not here of March, are from Nicaragua, accompanied by almost all the relax from Colombia, Cuba, Ecuador with every one other accompanied by Venezuela. Yet flat among Nicaraguans, the policy is small inside scope. U.S. authorities stopped Nicaraguans additional than 56,000 times from December to March.

Criticisms of the policy are the same under Biden with every one other accompanied by Trump: Migrants are terrified inside dangerous Mexican border cities with every one other accompanied by it is extremely difficult to find lawyers from Mexico.

U.S. Homeland Security Secretary Alejandro Mayorkas, inside an October order to extremity "Remain inside Mexico," reluctantly conceded that the policy caused a let fall inside frail asylum claims under Trump nevertheless said it did not justify the harms.

Emil Cardenas, 27, said he bloodied his foot with every one other accompanied by drank his urine following running not here of aqua on a three-day hike inside mountains near San Diego accompanied by a smuggler who took a $10,000 installment in the direction of his remittance with every one other accompanied by stole his passport, phone with every one other accompanied by other identification.

Cardenas hoped to exist near his brother, a Catholic priest inside New Jersey, while seeking asylum nevertheless waits at the Tijuana protection for his earliest hearing inside San Diego on May 18. He is disheartened to see others at the protection on their third or fourth hearing.

"One has to find a way to obtain across," said Cardenas, a Colombian who had attempted twice to enter the U.S. "I'm intelligent concerning what to do."

While waiting for hearings, men at the protection are attached to smartphones — reading, watching videos with every one other accompanied by occasionally calling friends with every one other accompanied by family. A large television facing rows of tables with every one other accompanied by malleable chairs helps defeat boredom.

Many have been robbed with every one other accompanied by assaulted inside Mexico, making them excessively frightened to depart from the shelter. Some talk inside small groups nevertheless most retain to themselves, lost inside thought.

Carlos Humberto Castellano, who repaired cellphones inside Colombia with every one other accompanied by wants to fasten family inside New York, cried for set of two days following actuality returned to Tijuana to remain for a court of rules and regulations day inside San Diego. It cost him concerning $6,500 to travel through the air to Mexico with every one other accompanied by pay a smuggler to cross the border, leaving him inside debt, he said.

"I can't depart from (the shelter) since I don't know what could happen," said Castellano, 23, recalling that his smuggler took a photo of him. "Getting kidnapped is the fear."

The matter earlier to the Supreme Court is whether the policy is discretionary with every one other accompanied by tin exist ended, while the Biden management argues, or is the only way to comply accompanied by what Texas with every one other accompanied by Missouri speak is a congressional command not to release the migrants inside the United States.

Without sufficient detention facilities, the states argue the administration's only option is to build migrants remain inside Mexico for asylum hearings inside the U.S.

The set of two sides too disagree concerning whether the way the management ended the policy complies accompanied by a confederate rules and regulations that compels agencies to go nearer behind sure rules with every one other accompanied by describe their actions.

A ruling is expected in a short time following the management ends another answer Trump-era border policy, lifting pandemic-related power to expel migrants lacking a chance to seek asylum on May 23. The decision to extremity Title 42 authority, named for a 1944 condition health law, is actuality legally challenged by 22 states with every one other accompanied by faces growing dividing within Biden's Democratic Party.

Due to costs, logistics with every one other accompanied by strained diplomatic relations, Title 42 has been difficult to apply to some nationalities, including Nicaraguans, which explains why the management has favored them for "Remain inside Mexico."

The management made some changes at Mexico's behest, which may describe low enrollment. It pledged to try to resolve cases within sextet months with every one other accompanied by agreed to take on costs of shuttling migrants to with every one other accompanied by from the border inside Mexico for hearings.

As under Trump, finding a legal practitioner is a tall order. U.S. authorities present with migrants a list of low- or no-cost attorneys nevertheless phone lines are overwhelmed.

Judges warn migrants that immigration rules and regulations is complicated with every one other accompanied by that they face longer likelihood lacking an attorney. Migrants respond that calls to attorneys go unanswered with every one other accompanied by they can't pay for representative fees.

"I've seen lots of people inside your circumstances who have found attorneys, regularly for free," Judge Scott Simpson told a migrant this month inside a San Diego courtroom earlier to granting additional hour dated to hire one.

Victor Cervera, 40, gave up on low-cost attorneys following his calls went unanswered. The Peruvian's online search for those who lay clasp of "Remain inside Mexico" cases yielded one find — a Miami legal practitioner who charges $350 for an initial phone consultation.

Nearly all migrants tell U.S. authorities they terror waiting inside Mexico, entitling them to a phone meeting accompanied by an asylum officer. About 15% are spared when the officer agrees their worries are well-founded, while others are excused for reasons deemed to build them in danger inside Mexico, exist fond of gender or reproductive orientation.

Those sent spine awe why they were chosen when so numerous others are released inside the U.S to pursue their claims.

"It's a raffle," said Alvaro Galo, 34, a Nicaraguan male who cleans with every one other accompanied by cooks meals at the protection to retain his cerebrum busy.

___

Associated Press author Mark Sherman inside Washington contributed to this report.

Supreme Court weighs policy for migrants to remain inside Mexico

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