Border Agents Are Told to Target Spanish Speakers, Records Show

Associated Press, March 7, 2019

Border agents have been told to explicitly target Spanish speakers and migrants from Latin America in carrying out a Trump administration program requiring asylum-seekers to wait in Mexico, according to memos obtained by The Associated Press that reveal some inner workings of a top government priority to address the burgeoning number of Central Americans arriving in the country.

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The guidance includes instruction about various groups of immigrants who are not to be sent back to Mexico and instead go through the traditional asylum process in the U.S. immigration court system. They include pregnant women, LGBT migrants and people suffering medical issues. Authorities said previously that Mexican asylum-seekers are excluded, as are children traveling alone.

U.S. officials must check if the asylum-seeker has any felony convictions and notify Mexico at least 12 hours before they are returned. Those who cross illegally must have come as single adults, though the administration is in talks with the Mexican government to include families.

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The instructions say Mexican officials insist that no more than 20 asylum seekers are returned each day from San Diego to Tijuana, Mexico, on Monday through Saturday, underscoring challenges that the U.S. faces in trying to quickly ramp up one of its top border enforcement priorities and most significant changes to the U.S. immigration system of Donald Trump’s presidency. Authorities said Tuesday that more than 76,000 were stopped or apprehended at the Mexican border in February, more than double the same period last year.

A memo on Tuesday to top Border Patrol officials in San Diego said the agency is under “pressures to utilize this program as much as we can.”

Asylum-seeking families are typically released from U.S. custody immediately and allowed to settle with family or friends while their cases wind through immigration courts, which often takes years. Critics say that amounts to “catch-and-release,” which administration officials want to limit with the new Mexico program.

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Explicitly targeting Spanish speakers and Latin Americans had not been previously disclosed, though some critics said it was no surprise considering that recent arrest numbers are largely Central Americans.

Judy Rabinovitz, an attorney for the American Civil Liberties Union, said {snip} “We know they are trying to get at Central American asylum-seekers but to see it written there so blatantly is so disturbing,” said Rabinovitz, whose organization was among those that sued the administration last month to block the policy.

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