Migrants arrive at the US borders from various regions, including Eritrea, Guatemala, Pakistan, Afghanistan, Ghana, and Uzbekistan.
They seek asylum, citing persecution based on their religion, sexual orientation, or political beliefs.
For many years, they have been allowed to present their cases to US authorities.
That is no longer the case.
“We weren’t provided an ICE officer to speak with. No one interviewed us. Nobody inquired about my experiences,” recounted a Russian election worker who sought asylum in the US after being implicated in video footage of election fraud. He was deported to Costa Rica with his wife and young son on February 26th.
Upon taking the oath for his second term on January 20th, President Donald Trump halted the asylum process as part of a broad campaign of repression and a series of actions regarding illegal immigration through a Presidential Order, which he described as a response to the “invasion” of the United States.
According to lawyers, activists, and migrants, asylum seekers now face a confusing and constantly shifting situation with many ambiguous regulations. This often leads to deportation to a country in which they have no familiarity after brief interactions with immigration personnel, while others find themselves in custody under immigration and customs enforcement.
A lawyer who frequently assists asylum seekers at the border noted a significant drop in calls since Trump’s administration began. Concerns are growing that many detained individuals awaiting interviews under the UN Torture Convention may find it even harder to qualify for asylum without the potential for exile.
“I don’t think anyone really understands what happens when individuals arrive and request asylum,” stated Bella Mosselman, director of the Global Strategic Litigation Council.
Legal Challenges to Limitations
As the Trump administration clashed with activists, lawsuits, appeals, and challenging opinions filled the courts. Restrictions were put in place for individuals fleeing persecution and danger.
In a significant legal confrontation, federal judges are expected to determine whether courts can examine the administration’s claim of an invasion to justify the suspension of asylum proceedings. No date has been established for this ruling.
The government argues that the declaration of an invasion is beyond judicial review, calling it a “political matter not subject to reaffirmation.”
However, rights organizations opposing the asylum restrictions, led by the American Civil Liberties Union, have labeled it “unprecedentedly illegal.” A lawsuit was filed in federal court in Washington, DC.
The illegal border crossings surged in the early months of President Joe Biden’s administration, peaking at nearly 10,000 arrests daily in the latter half of 2024, then decreased sharply during his administration and further plummeted after Trump resumed office.
Nonetheless, over 200 individuals are still apprehended each day for illegally crossing the US southern border.
Some among them are requesting asylum, though the exact number is unknown.
Paulina Reyes Peralaris, an attorney at the San Diego office of Immigration Defenders, reported that since Biden implemented asylum restrictions in 2024, her office has been receiving 10 to 15 calls daily regarding asylum.
This has declined to only a few inquiries total since January 20th.
She added that lawyers are unsure about how to handle asylum cases.
“It’s incredibly challenging to consult and advise someone when they are unclear about the process,” she remarked.
“We Did Everything Right”
Some Russians, who asked to remain anonymous for fear of persecution upon their return, did not expect this outcome.
“We felt betrayed,” said a 36-year-old. “We followed the rules meticulously.”
The family traveled to Mexico in May 2024, finding affordable accommodations near the California border and waiting almost nine months for an opportunity to schedule an asylum interview.
On January 14th, they received notification that their interview would occur on February 2nd. However, it was canceled on January 20th.
After Trump’s inauguration, US Customs and Border Protection announced that it had disbanded the system for scheduling asylum, leading to cancellations of interviews and tens of thousands of prior appointments.
There was no recourse for appeal.
The Russian family sought asylum at the San Diego border and was subsequently detained, they reported.
Weeks later, they found themselves among the migrants who were handcuffed and flown to Costa Rica, with only the children left unrestrained.
Reliance on Other Countries
The Trump administration sought to expedite deportations by designating countries like Costa Rica and Panama as “transit nations.”
Earlier this year, around 200 immigrants were deported from the US to Costa Rica, with approximately 300 sent to Panama.
For proponents of stricter immigration control, the asylum system has always been marred by exaggerated claims from individuals who are not genuinely fleeing danger. In recent years, judges have approved about one-third to one-half of asylum applications.
Even some politicians who consider themselves pro-immigrant acknowledge that the system is facing significant abuse.
“People worldwide have recognized the ability to remain in the United States indefinitely to claim asylum and pursue their cases,” wrote a veteran Democratic Congress member in the Wall Street Journal last year.
An Uncertain Future
Many migrants who arrived together left the Costa Rica facility where they were initially held, but the Russian family remains. The man cannot fathom returning to Russia and has nowhere else to turn.
He and his wife spend their days teaching their son some English and organizing volleyball games to keep spirits up.
He doesn’t harbor resentment towards the United States; he understands the administration’s intention to combat illegal immigration. Yet, he emphasizes that he is in real danger and cannot grasp why he hasn’t been granted an opportunity to present his case.
He struggles with despair, reflecting on his actions in Russia and the journey that brought his family to this point.
“I let them down,” he lamented. “Every day, I think: I have failed them.”
Source: apnews.com